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Articles 1 - 5 of 5
Full-Text Articles in Law
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 …
Judicial Transparency, Judicial Ethics, And A Judicial Solution: An Inspector General For The Courts, Ronald Rotunda
Judicial Transparency, Judicial Ethics, And A Judicial Solution: An Inspector General For The Courts, Ronald Rotunda
Ronald D. Rotunda
Many federal judges routinely fear criticism, but that fear is unwarranted. The public is rightly concerned that the procedure to investigate and discipline problem-judges is flawed, particularly in a few high-profile cases discussed in this article. Several recent indictments of federal judges add to the problem. As Judge Ralph Winter has acknowledged, the status quo is "not a confidence builder". Judges should welcome an Inspector General for the Federal Courts, who could restore public confidence in the federal judicial discipline system. The Inspector General can investigate potential ethical violations and proceed in those few instances where more is needed. This …
The Propriety Of A Judge's Failure To Recuse When Being Considered For Another Position, Ronald Rotunda
The Propriety Of A Judge's Failure To Recuse When Being Considered For Another Position, Ronald Rotunda
Ronald D. Rotunda
Some commentators have argued that Judge John Roberts, recently confirmed as Chief Justice of the United States Supreme Court, violated a federal statute because of his failure to recuse himself in the case of Hamdan v. Rumsfeld, which a panel of the D.C. Circuit including Roberts recently decided. Several Senators raised the issue of Judge Roberts' failure to recuse himself during the course of his confirmation hearings, but the Judge did not comment on it because the case was still pending.
Any proposed "jobs recusal" rule, which would require a judge to recuse himself in such circumstances, imposes costs that …