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Is The Rehnquist Court An "Activist" Court? The Commerce Cause Cases, Randy E. Barnett
Is The Rehnquist Court An "Activist" Court? The Commerce Cause Cases, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
In United States v. Lopez, the Supreme Court, for the first time in sixty years, declared an act of Congress unconstitutional because Congress had exceeded its powers under the Commerce Clause. In 2000, the Court reaffirmed the stance it took in Lopez in the case of United States v. Morrison, once again finding that Congress had exceeded its powers. Are these examples of something properly called "judicial activism"? To answer this question, we must clarify the meaning of the term "judicial activism." With this meaning in hand, the author examines the Court's Commerce Clause cases. The answer he …
Judicial Campaign Conduct Committees, Roy A. Schotland, Barbara Reed
Judicial Campaign Conduct Committees, Roy A. Schotland, Barbara Reed
Georgetown Law Faculty Publications and Other Works
As the other papers presented at this Symposium make abundantly clear, the problems associated with inappropriate statements and conduct during judicial elections are unlikely to abate anytime soon. Bench and bar leaders across the country are being joined by a growing chorus of members of the media and the public in demands that something be done. As an initial step that requires relatively little yet holds great promise, the authors endorse the use of judicial campaign conduct committees as a means of long-term improvement.
Judicial Elections And Campaign Finance Reform, Roy A. Schotland
Judicial Elections And Campaign Finance Reform, Roy A. Schotland
Georgetown Law Faculty Publications and Other Works
In the judicial realm, the issue of campaign finance cuts across all states that use any form of election as part of their selection or retention system, whether the elections are partisan or non-partisan. The raising of money for campaigns is a task that has to be performed in all states that use any form of election. Like many other things that we have discussed today it seems to involve a sort of balancing act. The state certainly has a strong interest in protecting the integrity of its judiciary and encouraging the public perception of the judiciary as an institution …
Republican Party Of Minnesota V. White: Should Judges Be More Like Politicians?, Roy A. Schotland
Republican Party Of Minnesota V. White: Should Judges Be More Like Politicians?, Roy A. Schotland
Georgetown Law Faculty Publications and Other Works
The Supreme Court's decision in Republican Party of Minnesota v. White shows how unrealistic five justices can be about what happens in judicial election campaigns, and also - ironically - about how much judges differ from legislators and others who run for office. This reality was captured concisely by Robert Hirshon, immediate past president of the American Bar Association (ABA) in his statement following the Court's ruling: "This is a bad decision. It will open a Pandora's Box.... " The decision will change judicial election campaigns in such a way that the quality of the pool of candidates for the …