Author: Louis J. Virelli III
Publisher: University Press of Kansas
ISBN: 0700622713
Category : Law
Languages : en
Pages : 296
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.
Disqualifying the High Court
Judicial Disqualification
Author: Charles Gardner Geyh
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 136
Book Description
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 136
Book Description
Judicial Disqualification
Author: Richard E. Flamm
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1248
Book Description
This book is a comprehensive and intensively-researched guide to the law which governs motions to disqualify judges in the federal and state courts of America.
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1248
Book Description
This book is a comprehensive and intensively-researched guide to the law which governs motions to disqualify judges in the federal and state courts of America.
Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Judicial Recusal
Author: R Grant Hammond
Publisher: Bloomsbury Publishing
ISBN: 1847315186
Category : Law
Languages : en
Pages : 208
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.
Publisher: Bloomsbury Publishing
ISBN: 1847315186
Category : Law
Languages : en
Pages : 208
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.
Judicial Disqualification
Author: Charles Gardner Geyh
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 129
Book Description
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 129
Book Description
The Appearance of Justice
Author: John P. MacKenzie
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 328
Book Description
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 328
Book Description
Model Code of Judicial Conduct
Author: American Bar Association
Publisher: American Bar Association
ISBN: 9781590318393
Category : Law
Languages : en
Pages : 212
Book Description
Publisher: American Bar Association
ISBN: 9781590318393
Category : Law
Languages : en
Pages : 212
Book Description
Code of Judicial Conduct for United States Judges
Author: American Bar Association
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 424
Book Description
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 424
Book Description
Open Judicial Politics
Author: Rorie Spill Solberg
Publisher:
ISBN:
Category : Law
Languages : en
Pages :
Book Description
Publisher:
ISBN:
Category : Law
Languages : en
Pages :
Book Description