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Chief Justice William Howard Taft's Conception Of Judicial Integrity: The Legal History Of Tumey V. Ohio, Joshua Kastenberg
Chief Justice William Howard Taft's Conception Of Judicial Integrity: The Legal History Of Tumey V. Ohio, Joshua Kastenberg
Cleveland State Law Review
In 1927, Chief Justice William Howard Taft led a unanimous Court to determine that, at minimum, the right to an impartial and independent judiciary meant that the judge had to lack a personal interest in the outcome of the trial. While the decision, Tumey v. Ohio, was based on a judge’s pecuniary interest, it was also part of Taft’s efforts to ensure that the nation’s judges, from the municipal courts to the Supreme Court had the public’s confidence in their integrity. Tumey, therefore, is not simply a decision on pecuniary interests. It can, and should, be applied to …
Gates, Leon, And The Compromise Of Adjudicative Fairness (Part I): A Dialogue On Prejudicial Concurrences, Joel Jay Finer
Gates, Leon, And The Compromise Of Adjudicative Fairness (Part I): A Dialogue On Prejudicial Concurrences, Joel Jay Finer
Cleveland State Law Review
This two-part Article is about certain qualities of fairness –those qualities that although subtle, are central to the idea and spirit of justice in adjudication. This Article is about how those qualities were subverted in the process by which the doctrine of United States v. Leon became law. Part I of the Article –A Dialogue on Prejudicial Concurrences–published herein, suggests that several members of the Leon majority (particularly its author, Justice White) were unable to impartially adjudicate the constitutional question because of pre-decisional gratuitous opinions (from the bench) on the subject. More specifically, the Dialogue explores the virtually unquestioned assumption …