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Author: Richard E. Flamm
Publisher: Aspen Publishers
ISBN:
Category : Law
Languages : en
Pages : 1262
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Book Description
Turn to this intensively-researched and comprehensive guide To The case law, statutory law and court rules which govern motions to recuse and disqualify judges in every American jurisdiction. An exhaustive source of precedents, analysis and procedural guidance, this 1,185-page volume is the first authoritative treatise to bring current principles of judicial disqualification law into sharp focus. it clearly and succinctly chronicles every legal basis for judicial disqualification, from the common law and constitutional provisions to state and federal statutes and court rules. it examines in full detail all of the various grounds for disqualification including: Bias (or an appearance of bias) Interest and familial relationships, business and social relationships Prior activity as an attorney Knowledge obtained in criminal proceedings Judicial conduct, comments, and rulings and more When jurisdictions differ in their approach To The law, Judicial Disqualification supplies expert analysis and commentary -- supported by exhaustive case citations -- to bring clarity and authority To The issues at hand. You'll find not only in-depth coverage of all of the applicable judicial disqualification provisions and case law but expert analysis of precisely what goes into the court's determination of whether the motion is timely, legally sufficient and procedurally proper. Judicial Disqualification also features exhaustive examination of those factors that mitigate in favor of (or against) disqualification, And The accepted mechanisms for seeking appellate review of judicial disqualification orders, and uncharged crimes and stipulations.
Author: Richard E. Flamm
Publisher: Aspen Publishers
ISBN:
Category : Law
Languages : en
Pages : 1262
Get Book Here
Book Description
Turn to this intensively-researched and comprehensive guide To The case law, statutory law and court rules which govern motions to recuse and disqualify judges in every American jurisdiction. An exhaustive source of precedents, analysis and procedural guidance, this 1,185-page volume is the first authoritative treatise to bring current principles of judicial disqualification law into sharp focus. it clearly and succinctly chronicles every legal basis for judicial disqualification, from the common law and constitutional provisions to state and federal statutes and court rules. it examines in full detail all of the various grounds for disqualification including: Bias (or an appearance of bias) Interest and familial relationships, business and social relationships Prior activity as an attorney Knowledge obtained in criminal proceedings Judicial conduct, comments, and rulings and more When jurisdictions differ in their approach To The law, Judicial Disqualification supplies expert analysis and commentary -- supported by exhaustive case citations -- to bring clarity and authority To The issues at hand. You'll find not only in-depth coverage of all of the applicable judicial disqualification provisions and case law but expert analysis of precisely what goes into the court's determination of whether the motion is timely, legally sufficient and procedurally proper. Judicial Disqualification also features exhaustive examination of those factors that mitigate in favor of (or against) disqualification, And The accepted mechanisms for seeking appellate review of judicial disqualification orders, and uncharged crimes and stipulations.
Author: R Grant Hammond
Publisher: Bloomsbury Publishing
ISBN: 1847315186
Category : Law
Languages : en
Pages : 208
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Book Description
The doctrine of judicial recusal enables - and may require - a judge who is lawfully appointed to hear and determine a case to stand down from that case, leaving its disposition to another colleague or colleagues. The subject is one of considerable import and moment, not only to 'insiders' in the judiciary, but also to litigants and their lawyers. Understanding the principles which guide recusal is also to understand the fundamentals of judging in the common law tradition. The subject is therefore of considerable interest both at practical and theoretical levels, for it tells us most of what we need to know about what it means "to be a judge" and what the discharge of that constitutional duty entails. Unsurprisingly therefore, the subject has attracted controversy, and some of the most savage criticisms ever directed at particular judges. The book commences with an introduction which is followed by an analysis of the essential features of the law, the legal principles (common-law origins, the law today in the USA, UK and Commonwealth) and the difficulties which currently arise in the cases and by operation of statute. The third part looks at process, including waiver, necessity, appellate review, and final appeals. Three specific problem areas (judicial misconduct in court, prior viewpoints, and unconcious bias) are then discussed. The book ends with the author's reflections on future developments and possible reforms of recusal law.
Author: Louis J. Virelli III
Publisher: University Press of Kansas
ISBN: 0700622713
Category : Law
Languages : en
Pages : 296
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Book Description
Since at least the time of Justinian--under statutes, codes of judicial ethics, and the common law—judges have been expected to recuse themselves from cases in which they might have a stake. The same holds true for the justices of the US Supreme Court. For instance, there were calls for Ruth Bader Ginsburg and Elena Kagan, both of whom had officiated at gay weddings,to recuse themselves from the recent marriage equity case, Obergefell v. Hodges. Even a case like this, where no justice bowed out, reveals what a tricky ethical issue recusal can be. but as Louis J. Virelli demonstrates in this provocative work, recusal at the Supreme Court also presents questions of constitutional power. Disqualifying the High Court shows that our current understanding of how and when justices should recuse themselves is at odds with our constitutional design. Viewing recusal through a constitutional lens, Virelli reveals new and compelling information about how justices should decide recusal questions and, in turn, how our government should function more broadly. Along the way he traces the roots and development of federal recusal law in America from as early as the Roman Empire up to the present day. The Supreme Court's unique place at the top of the judicial branch protests the justices from some forms of congressional interference. Virelli argues that constitutional law, in particular the separation of powers, prohibits Congress from regulating the recusal practices of the Supreme Court. Instead those decisions must be left to the justices themselves, grounded in the principles of due process--assuring parties fair treatment by the judicial system--and balanced against the justices' rights to free speech. Along with the clarity it brings to this highly controversial issue, Virelli's work also offers insight into constitutional problems presented by separation of powers. It will inform our evolving understanding of theory and practice in the American judicial system.
Author: RICHARD E. FLAMM
Publisher:
ISBN: 9781890080549
Category :
Languages : en
Pages : 0
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Book Description
Author: Alan Hirsch
Publisher:
ISBN:
Category : Disqualification of judges
Languages : en
Pages : 104
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Book Description
"This monograph offers a synthesis and analysis of the case law under 28 U.S.C. [sections] 455 and 144 to assist judges in ruling on recusal"--P. v.
Author: American Bar Association
Publisher: American Bar Association
ISBN: 9781590318393
Category : Law
Languages : en
Pages : 212
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Book Description
Author: Charles Gardner Geyh
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 136
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Book Description
Author: Shimon Shetreet
Publisher: Martinus Nijhoff Publishers
ISBN: 9004257810
Category : Law
Languages : en
Pages : 600
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Book Description
The Culture of Judicial Independence: Rule of Law and World Peace, is the third book by Shimon Shetreet on Judicial Independence. The first was Judicial Independence: The Contemporary Debate (edited by Shimon Shetreet and Jules Deschênes, Nijhoff,1985). The second was The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (Edited by Shimon Shetreet and Christopher Forsyth, Nijhoff, 2012). This volume contains essays by senior academics, judges and practitioners across jurisdictions offering an analysis of several central issues relative to the culture of Judicial Independence. These include judicial review, human rights, democracy, the rule of law and world peace, constitutional position of top courts, relations between the judiciary and the other branches of government, impartiality and fairness of the judicial process, judicial ethics, dispute resolution in arbitral awards and international investments, international courts and cross country issues, judicial selection. The volume also offers an update report on the International Project of Judicial Independence of the International Association of Judicial Independence and World Peace, including the relations of top courts and international courts, administrative judges, culture of judicial independence and public inquiries by judges.
Author: Chiara Giorgetti
Publisher: BRILL
ISBN: 9004302123
Category : Law
Languages : en
Pages : 450
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Book Description
Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals examines one of the fundamental control mechanisms of international dispute resolution. In doing so, the book assesses procedures, standards and outcomes of challenges and recusals in some of the main international courts and tribunals, including the ICJ, ICSID, the PCA, the WTO, the Iran-US Claims Tribunal, the ICC and international criminal courts. The book analyzes specific grounds for challenges and how they are applied, while also presenting personal perspectives on challenges and recusals from the point of view of arbitrators and counsel. The book also examines regional differences in challenges and recusals. This unique approach allows a comparative view on both procedural and substantive issues, and also provides a clear and in-depth study of specific forums.
Author: Federal Judicial Center
Publisher:
ISBN: 9781410219640
Category : Law
Languages : en
Pages : 96
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Book Description
Litigants often move for trial judges to recuse themselves on grounds of partiality or the appearance of partiality. Improper denial of motions seeking recusal may have serious consequences. First, it can deprive citizens of their right to a "neutral and detached judge." Second, it can diminish public trust in the judicial system, which requires confidence in the impartiality of judges. This monograph offers a synthesis and analysis of the case law under 28 U.S.C. '' 455 and 144 to assist judges in ruling on recusal. It identifies the core principles and recurring issues in the voluminous case law, and it examines how the courts of appeals have applied these principles.
