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Articles 1 - 5 of 5
Full-Text Articles in Law
Citizens United, Corporate Personhood And Corporate Power: The Tension Between Constitutional Law And Corporate Law, Susanna Ripken
Citizens United, Corporate Personhood And Corporate Power: The Tension Between Constitutional Law And Corporate Law, Susanna Ripken
Susanna K. Ripken
No abstract provided.
The Intellectual Forebears Of Citizens United, Ronald Rotunda
The Intellectual Forebears Of Citizens United, Ronald Rotunda
Ronald D. Rotunda
No abstract provided.
Constitutionalizing Judicial Ethics: Judicial Elections After Republican Party Of Minnesota V. White, Caperton And Citizens United, Ronald Rotunda
Constitutionalizing Judicial Ethics: Judicial Elections After Republican Party Of Minnesota V. White, Caperton And Citizens United, Ronald Rotunda
Ronald D. Rotunda
No abstract provided.
Codifying Caperton V. A.T. Massey Coal Co., Ronald Rotunda
Codifying Caperton V. A.T. Massey Coal Co., Ronald Rotunda
Ronald D. Rotunda
Before Caperton v. A.T. Massey Coal Co., 129 S. Ct. 2252, 2266 (2009). due process mandated judicial disqualification in two basic situations: first, when the judge had a direct, personal, and substantial pecuniary interest in the case, or second, when the judge acted as judge, jury, prosecutor, and complaining witness, and there was no need for an instant response. Caperton adds a third category. Due process requires a judge to disqualify himself if a person who is not a party (but is a principal officer of a party) has made substantial independent expenditures to support the successful judicial candidate or …
The Emerging First Amendment Law Of Managerial Prerogative, Lawrence Rosenthal
The Emerging First Amendment Law Of Managerial Prerogative, Lawrence Rosenthal
Lawrence Rosenthal
In Garcetti v. Ceballos, the Supreme Court, by the narrowest of margins, held that allegations of police perjury made in memoranda to his superiors by Richard Ceballos, a supervisory prosecutor in the Los Angeles County District Attorney’s office, were unprotected by the First Amendment because “his expressions were made pursuant to his duties. . . .” The academic reaction to this holding has been harshly negative; scholars argue that the holding will prevent the public from learning of governmental misconduct that is known only to those working within the bowels of the government itself.
This article rejects the scholarly consensus …