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Articles 1 - 4 of 4
Full-Text Articles in Law
The Modern Movement Of Vindicating Violations Of Criminal Defendants’ Rights Through Judicial Discipline, Keith Swisher
The Modern Movement Of Vindicating Violations Of Criminal Defendants’ Rights Through Judicial Discipline, Keith Swisher
Keith Swisher
No abstract provided.
When Judges Should Be Seen, Not Heard: Extrajudicial Comments Concerning Pending Cases And The Controversial Self-Defense Exception In The New Code Of Judicial Conduct, Mark L. Harrison, Keith Swisher
When Judges Should Be Seen, Not Heard: Extrajudicial Comments Concerning Pending Cases And The Controversial Self-Defense Exception In The New Code Of Judicial Conduct, Mark L. Harrison, Keith Swisher
Keith Swisher
No abstract provided.
The Judicial Ethics Of Criminal Law Adjudication, Keith Swisher
The Judicial Ethics Of Criminal Law Adjudication, Keith Swisher
Keith Swisher
Judges in the United States regularly (and often harshly) are disciplined for “bad” criminal law decisions. On a number of levels, it is baffling that this ethical “Rule” — punishing judges for errors of adjudication — has never been the subject of in-depth critical analysis. Thus, this Article is surprisingly the first scholarly work fully deconstructing the Rule (along with attendant considerations in criminal law adjudication) and addressing directly many of the tough questions that have been avoided or mistreated. This Article begins by examining an unexamined, “yet earthshaking” movement—that is, the modern invention of using judicial conduct commissions (“judge …
The Discovery Immunity Exception In Indian Country – Promoting American Indian Sovereignty By Fostering The Rule Of Law, Jay Kanassatega
The Discovery Immunity Exception In Indian Country – Promoting American Indian Sovereignty By Fostering The Rule Of Law, Jay Kanassatega
Jay Kanassatega
The purpose of this article is to encourage federal courts (and Indian tribes) to re-think reliance on tribal sovereign immunity as a basis to quash or modify process directed to Indian tribes and their elected and appointed officials and employees as non-parties to any underlying litigation. In such third-party actions, federal courts should not apply tribal immunity to quash or modify otherwise valid federal process served on an Indian tribe pursuant to the Federal Rules of Civil Procedure, Rule 45. Instead, the federal court should approach the issue with an eye toward implementing Congressional policies aimed at supporting the development …