Disqualifying the High Court

Supreme Court Recusal and the Constitution
Author: Louis J. Virelli III
Publisher: N.A
ISBN: 9780700622719
Category: Law
Page: 304
View: 8152

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Disqualifying the High Court is a path-breaking book that thoughtfully explores Supreme Court recusal through the lens of separation of powers and other constitutional principles. It rewards readers with new and valuable insights and information about the increasingly important, and surprisingly complicated, topic of Supreme Court recusal, as well as about these constitutional principles and the Court itself

Choosing State Supreme Court Justices

Merit Selection and the Consequences of Institutional Reform
Author: Greg Goelzhauser
Publisher: Temple University Press
ISBN: 1439913404
Category: Law
Page: 192
View: 421

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Since 1940, more than half of all states have switched at least in part from popular election or elite appointment to experiment with merit selection in choosing some or all of their state supreme court justices. Under merit selection, a commission—often comprising some combination of judges, attorneys, and the general public—is tasked with considering applications from candidates vying to fill a judicial vacancy. Ostensibly, the commission forwards the best candidates to the governor, who ultimately appoints them. Presently, numerous states are debating whether to adopt or abolish merit selection. In his short, sharp book, Choosing State Supreme Court Justices, Greg Goelzhauser utilizes new data on more than 1,500 state supreme court justices seated from 1960 through 2014 to answer the question, Does merit selection produce better types of judges? He traces the rise of merit selection and explores whether certain judicial selection institutions favor candidates who have better qualifications, are more diverse, and have different types of professional experience. Goelzhauser’s results ultimately contribute to the broader debate concerning comparative institutional performance with respect to state judicial selection.

Judicial Recusal

Principles, Process and Problems
Author: R Grant Hammond
Publisher: Bloomsbury Publishing
ISBN: 1847315186
Category: Law
Page: 208
View: 5053

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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.

Model Rules of Professional Conduct


Author: American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher: American Bar Association
ISBN: 9781604421071
Category: Law
Page: 188
View: 661

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The 2008 Edition of the Model Rules of Professional Conduct is an up-to-date resource for information on lawyer ethics. The Rules, with some variations, have been adopted in 48 jurisdictions. Federal, state, and local courts in all jurisdictions, even those that have not formally adopted the Rules, look to the Rules for guidance in resolving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions, and much more.

Presidents of War


Author: Michael Beschloss
Publisher: Crown
ISBN: 0804137013
Category: History
Page: 752
View: 4508

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From a preeminent presidential historian comes a groundbreaking and often surprising saga of America’s wartime chief executives Ten years in the research and writing, Presidents of War is a fresh, magisterial, intimate look at a procession of American leaders as they took the nation into conflict and mobilized their country for victory. It brings us into the room as they make the most difficult decisions that face any President, at times sending hundreds of thousands of American men and women to their deaths. From James Madison and the War of 1812 to recent times, we see them struggling with Congress, the courts, the press, their own advisors and antiwar protesters; seeking comfort from their spouses, families and friends; and dropping to their knees in prayer. We come to understand how these Presidents were able to withstand the pressures of war—both physically and emotionally—or were broken by them. Beschloss’s interviews with surviving participants in the drama and his findings in original letters, diaries, once-classified national security documents, and other sources help him to tell this story in a way it has not been told before. Presidents of War combines the sense of being there with the overarching context of two centuries of American history. This important book shows how far we have traveled from the time of our Founders, who tried to constrain presidential power, to our modern day, when a single leader has the potential to launch nuclear weapons that can destroy much of the human race.

Six Amendments

How and Why We Should Change the Constitution
Author: John Paul Stevens
Publisher: Little, Brown
ISBN: 0316373745
Category: Political Science
Page: 192
View: 7511

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For the first time ever, a retired Supreme Court Justice offers a manifesto on how the Constitution needs to change. By the time of his retirement in June 2010, John Paul Stevens had become the second longest serving Justice in the history of the Supreme Court. Now he draws upon his more than three decades on the Court, during which he was involved with many of the defining decisions of the modern era, to offer a book like none other. SIX AMENDMENTS is an absolutely unprecedented call to arms, detailing six specific ways in which the Constitution should be amended in order to protect our democracy and the safety and wellbeing of American citizens. Written with the same precision and elegance that made Stevens's own Court opinions legendary for their clarity as well as logic, SIX AMENDMENTS is a remarkable work, both because of its unprecedented nature and, in an age of partisan ferocity, its inarguable common sense.

In the Interests of Justice

Reforming the Legal Profession
Author: Deborah L. Rhode
Publisher: Oxford University Press
ISBN: 9780195347371
Category: Law
Page: 283
View: 8541

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Two thousand years ago, Seneca described advocates not as seekers of truth but as accessories to injustice, "smothered by their prosperity." This unflattering assessment has only worsened over time. The vast majority of Americans now perceive lawyers as arrogant, unaffordable hired guns whose ethical practices rank just slightly above those of used car salesmen. In this penetrating new book, Deborah L. Rhode goes beyond the commonplace attacks on lawyers to provide the first systematic study of the structural problems confronting the legal profession. A past president of the Association of American Law Schools and senior counsel for the House Judiciary Committee during Clinton's impeachment proceedings, Rhode brings an insider's knowledge to the labyrinthine complexities of how the law works, or fails to work, for most Americans and often for lawyers themselves. She sheds much light on problems with the adversary system, the commercialization of practice, bar disciplinary processes, race and gender bias, and legal education. She argues convincingly that the bar's current self-regulation must be replaced by oversight structures that would put the public's interests above those of the profession. She insists that legal education become more flexible, by offering less expensive degree programs that would prepare paralegals to provide much needed low cost assistance. Most important, she calls for a return to ethical standards that put public service above economic self-interest. Elegantly written and touching on such high profile cases as the O.J. Simpson trial and the Starr investigation, In the Interests of Justice uncovers fundamental flaws in our legal system and proposes sweeping reforms.

Exceptions to the Rule

The Politics of Filibuster Limitations in the U.S. Senate
Author: Molly E. Reynolds
Publisher: Brookings Institution Press
ISBN: 0815729979
Category: Political Science
Page: 233
View: 1062

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Special rules enable the Senate to act despite the filibuster. Sometimes. Most people believe that, in today's partisan environment, the filibuster prevents the Senate from acting on all but the least controversial matters. But this is not exactly correct. In fact, the Senate since the 1970s has created a series of special rules—described by Molly Reynolds as “majoritarian exceptions”—that limit debate on a wide range of measures on the Senate floor. The details of these exemptions might sound arcane and technical, but in practice they have enabled the Senate to act even when it otherwise seemed paralyzed. Important examples include procedures used to pass the annual congressional budget resolution, enact budget reconciliation bills, review proposals to close military bases, attempt to prevent arms sales, ratify trade agreements, and reconsider regulations promulgated by the executive branch. Reynolds argues that these procedures represent a key instrument of majority party power in the Senate. They allow the majority—even if it does not have the sixty votes needed to block a filibuster—to produce policies that will improve its future electoral prospects, and thus increase the chances it remains the majority party. As a case study, Exceptions to the Rule examines the Senate's role in the budget reconciliation process, in which particular congressional committees are charged with developing procedurally protected proposals to alter certain federal programs in their jurisdictions. Created as a way of helping Congress work through tricky budget issues, the reconciliation process has become a powerful tool for the majority party to bypass the minority and adopt policy changes in hopes that it will benefit in the next election cycle.

Inside Congress

A Guide for Navigating the Politics of the House and Senate Floors
Author: Trevor Corning,Reema Dodin,Kyle Nevins
Publisher: Brookings Institution Press
ISBN: 0815727348
Category: Political Science
Page: 60
View: 742

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Required reading for anyone who wants to understand how to work within Congress. The House and Senate have unique rules and procedures to determine how legislation moves from a policy idea to law. Evolved over the last 200 years, the rules of both chambers are designed to act as the engine for that process. Each legislative body has its own leadership positions to oversee this legislative process. To the novice, whether a newly elected representative, a lawmaker’s staff on her first day at work, or a constituent visiting Washington, the entire process can seem incomprehensible. What is an open rule for a House Appropriations bill and how does it affect consideration? Why are unanimous consent agreements needed in the Senate? The authors of Inside Congress, all congressional veterans, have written the definitive guide to how Congress really works. It is the accessible and necessary resource to understanding and interpreting procedural tools, arcane precedents, and the role of party politics in the making of legislation in Congress.

The Heritage Guide to the Constitution

Fully Revised Second Edition
Author: David F. Forte,Matthew Spalding
Publisher: Simon and Schuster
ISBN: 1621573524
Category: Political Science
Page: 500
View: 2602

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A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation

The Appeal

A Novel
Author: John Grisham
Publisher: Dell
ISBN: 0307576124
Category: Fiction
Page: 496
View: 9204

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#1 NEW YORK TIMES BESTSELLER In a crowded courtroom in Mississippi, a jury returns a shocking verdict against a chemical company accused of dumping toxic waste into a small town’s water supply, causing the worst “cancer cluster” in history. The company appeals to the Mississippi Supreme Court, whose nine justices will one day either approve the verdict—or reverse it. The chemical company is owned by a Wall Street predator named Carl Trudeau, and Mr. Trudeau is convinced the Court is not friendly enough to his interests. With judicial elections looming, he decides to try to purchase himself a seat on the Court. The cost is a few million dollars, a drop in the bucket for a billionaire like Mr. Trudeau. Through an intricate web of conspiracy and deceit, his political operatives recruit a young, unsuspecting candidate. They finance him, manipulate him, market him, and mold him into a potential Supreme Court justice. Their Supreme Court justice. BONUS: This edition includes an excerpt from John Grisham's The Litigators.

Disqualification for Bias


Author: John Tarrant
Publisher: N.A
ISBN: 9781862878808
Category: Administrative discretion
Page: 378
View: 9334

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Decision-makers must make unbiased decisions. Accordingly where there is a perception of bias a decision-maker should be disqualified and the decision should be made by another person.This book examines the disqualification principle and the test that courts apply in different contexts. The application of the principle is examined in the context of judges, jurors, administrative decision-makers, inquiries, local government, sporting clubs, political decisions, international tribunals and military tribunals.Disqualification for Bias also examines the remedies available where a person alleges that a decision-maker should be disqualified. Many practical issues are also examined including procedural issues.A detailed examination of relevant case law and statutes from a number of jurisdictions including Australia, New Zealand, the United Kingdom and Canada is also included.

The Most Dangerous Branch

Inside the Supreme Court's Assault on the Constitution
Author: David A. Kaplan
Publisher: Crown
ISBN: 1524759929
Category: Political Science
Page: 464
View: 3600

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In the bestselling tradition of The Nine and The Brethren, The Most Dangerous Branch takes us inside the secret world of the Supreme Court. David A. Kaplan, the former legal affairs editor of Newsweek, shows how the justices subvert the role of the other branches of government—and how we’ve come to accept it at our peril. With the retirement of Justice Anthony Kennedy, the Court has never before been more central in American life. It is the nine justices who too often now decide the controversial issues of our time—from abortion and same-sex marriage, to gun control, campaign finance and voting rights. The Court is so crucial that many voters in 2016 made their choice based on whom they thought their presidential candidate would name to the Court. Donald Trump picked Neil Gorsuch—the key decision of his new administration. The next justice—replacing Anthony Kennedy—will be even more important, holding the swing vote over so much social policy. Is that really how democracy is supposed to work? Based on exclusive interviews with the justices and dozens of their law clerks, Kaplan provides fresh details about life behind the scenes at the Court – Clarence Thomas’s simmering rage, Antonin Scalia’s death, Ruth Bader Ginsburg’s celebrity, Breyer Bingo, the petty feuding between Gorsuch and the chief justice, and what John Roberts thinks of his critics. Kaplan presents a sweeping narrative of the justices’ aggrandizement of power over the decades – from Roe v. Wade to Bush v. Gore to Citizens United, to rulings during the 2017-18 term. But the arrogance of the Court isn’t partisan: Conservative and liberal justices alike are guilty of overreach. Challenging conventional wisdom about the Court’s transcendent power, The Most Dangerous Branch is sure to rile both sides of the political aisle.

One Supreme Court: Supremacy, Inferiority, and the Judicial Department of the United States


Author: James E Pfander
Publisher: Oxford University Press
ISBN: 0190623551
Category: Law
Page: 328
View: 9987

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Despite over two hundred years of experience with constitutional government, much remains unclear about the power of the political branches to curtail or re-define the judicial power of the United States. Uncertainty persists about the basis on which state courts and federal agencies may hear federal claims and the degree to which federal courts must review their decisions. Scholars approach these questions from a range of vantage points and have arrived at widely varying conclusions about the relationship between congressional and judicial power. Deploying familiar forms of legal analysis, and relying upon a new account of the Court's supremacy in relation to lower courts and tribunals, James Pfander advances a departmental conception of the judiciary. He argues that Congress can enlist the state courts, lower federal courts, and administrative agencies to hear federal claims in the first instance, but all of these tribunals must operate within a hierarchical framework over which the "one supreme Court" identified in the Constitution exercises ultimate supervisory authority. In offering the first general account of the Court as department head, Pfander takes up such important debates in the federal courts' literature as Congress's power to strip the federal courts of jurisdiction to review state court decisions, its authority to assign decision-making authority to state courts and non-Article III tribunals, its control over the doctrine of vertical stare decisis, and its ability to craft rules of practice for the federal system.

Understanding Lawyers' Ethics


Author: Monroe H. Freedman,Abbe Smith
Publisher: LexisNexis
ISBN: 1422470229
Category: Law
Page: 400
View: 3348

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This Understanding treatise presents a systematic position on lawyers' ethics. The authors argue that lawyers' ethics is rooted in the Bill of Rights and in the autonomy and the dignity of the individual. This traditionalist, client-centered view of the lawyer's role in an adversary system corresponds to the ethical standards that are held by a large proportion of the practicing bar. From this perspective, the authors of Understanding Lawyers' Ethics analyze the fundamental issues of lawyers' ethics, and particularly the ABA's Model Rules and Model Code. Even if students do not share the authors' viewpoint, they can benefit from this presentation because it challenges them to appreciate the underlying reasons for the position presented. This treatise is designed to facilitate a real understanding of legal rules as distinguished from a superficial familiarity with them by challenging the reader to test their understanding of the legal rules against the reader's own moral standards and reasoned judgment. The Fourth Edition includes: • A new section on Law vs. Justice, in addition to the section on Moral Values and Ethical Choices • The debate between Mike Tigar and Freedman on morality in lawyering. • A new chapter on Lawyers' Ethics in a Time of Crisis • A chapter on Judicial Ethics, with analysis of Caperton v. Massey Coal Co. and White v. Republican Party of Minnesota, as well as critical commentary on the failure of several Supreme Court justices to recuse themselves when required by the Constitution and by statute to do so • A concise but comprehensive chapter on Prosecutors' Ethics • A demonstration that the corporate-fraud report up and report out provisions have been deliberately drafted to defeat their purported purpose • Harmonization of Primus and Ohralik, showing that even in-person solicitation of clients is entitled to a level of First Amendment protection • An on-line debate among Steve Gillers, three practicing lawyers, and Freedman about professionalism, and whether a lawyer should take advantage of an adversary's mistake • A candid chapter on Counseling Clients, Coaching Witnesses, and Cross-Examining to Discredit the Truth

The Nature of the Judicial Process


Author: Benjamin Nathan Cardozo
Publisher: Yale University Press
ISBN: N.A
Category: Judges
Page: 180
View: 2606

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In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.

Supreme Injustice: How the High Court Hijacked Election 2000


Author: Alan M. Dershowitz
Publisher: Oxford University Press, USA
ISBN: 9780199743667
Category: Political Science
Page: 288
View: 3992

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Millions of Americans were baffled and outraged by the U.S. Supreme Court's role in deciding the presidential election of 2000 with its controversial ruling in Bush v. Gore. The Court had held a unique place in our system of checks and balances, seen as the embodiment of fairness and principle precisely because it was perceived to be above the political fray. How could it now issue a decision that reeked of partisan politics, and send to the White House a candidate who may have actually lost the election? In Supreme Injustice, best-selling author and legal expert Alan M. Dershowitz addresses these questions head-on, at last demystifying Bush v. Gore for those who are still angered by the court's decision but unclear about its meaning. Dershowitz--himself a former Supreme Court clerk--argues that in this case for the first time, the court's majority let its desire for a particular partisan outcome have priority over legal principles. As in his other bestselling books, Dershowitz clarifies complex legal issues, explaining concepts such as "equal protection" and "irreparable harm." Digging deeply into their earlier writings and rulings, Dershowitz proves beyond a reasonable doubt that the justices who gave George W. Bush the presidency contradicted their previous positions to do so. The most egregious ruling since the Dred Scott Decision, Bush v. Gore has shattered the image of the Supreme Court as a fair and impartial arbiter of important national issues. The resulting loss of the American people's respect, Dershowitz concludes, has severely compromised the Court's role in national affairs. And yet Dershowitz sees some benefit emerging from this constitutional crisis--if we understand its lessons and take action to prevent it from happening again.