Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- St. John's University School of Law (4)
- Penn State Dickinson Law (2)
- St. Mary's University (2)
- University of Maine School of Law (2)
- Cleveland State University (1)
-
- Florida A&M University College of Law (1)
- Notre Dame Law School (1)
- Nova Southeastern University (1)
- SJ Quinney College of Law, University of Utah (1)
- Schulich School of Law, Dalhousie University (1)
- UIC School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of New Mexico (1)
- Keyword
-
- Judges (3)
- Disqualification (2)
- Judicial ethics (2)
- Judiciary (2)
- Recusal (2)
-
- St. Mary’s Journal on Legal Malpractice & Ethics (2)
- St. Mary’s University School of Law (2)
- Supreme Court of Pennsylvania (2)
- 1897 (1)
- Adversarial Litigation (1)
- American Bar Association (ABA) (1)
- American Legal System (1)
- Appellate Courts (1)
- Appointment of Judges (1)
- Arkansas Code of Judicial Conduct (1)
- Benchslaps (1)
- Bias (1)
- Bias blind spot (1)
- Blog (1)
- Caperton v. A.T. Massey Coal Co. (1)
- Catch-all rule (1)
- Chief Justice Castille (1)
- Citizens United v. Federal Election Commission (1)
- Civility (1)
- Commencement Speech (1)
- Conceptual Frameworks (1)
- Conference of Court Public Information Officers (CCPIO) (1)
- Confidence (1)
- Constitutional (1)
- Dickinson Law (1)
- Publication
- Publication Type
Articles 1 - 19 of 19
Full-Text Articles in Judges
Judicial Disqualification—Confusion, Clarification And Continued Considerations: A Closer Look At Arkansas's Judicial Disqualification Rules In Light Of Ferguson V. State, Elizabeth James
University of Arkansas at Little Rock Law Review
No abstract provided.
Moral Issues And The Virtuous Judge: Reflections On The Nomination And Confirmation Of Supreme Court Justices, Robert J. Araujo, S.J.
Moral Issues And The Virtuous Judge: Reflections On The Nomination And Confirmation Of Supreme Court Justices, Robert J. Araujo, S.J.
The Catholic Lawyer
No abstract provided.
Reforming Recusal Rules: Reassessing The Presumption Of Judicial Impartiality In Light Of The Realities Of Judging And Changing The Substance Of Disqualification Standards To Eliminate Cognitive Errors, Melinda A. Marbes
St. Mary's Journal on Legal Malpractice & Ethics
In recent years, high profile disqualification disputes have caught the attention of the public. In each instance there has been an outcry when a presiding jurist was asked to recuse but declined. Unfortunately, even if the jurist explains his refusal to recuse, the reasons given often are unsatisfying and do little to quell suspicions of bias. Instead, litigants, the press, and the public question whether the jurist actually is unbiased and doubt the impartiality of the judiciary as a whole. This negative reaction to refusals to recuse is caused, at least in part, by politically charged circumstances that cause further …
Introduction To Section I: In The Beginning . . . Volume 1 And What It Means To Be A Lawyer, Kristina J. Kim
Introduction To Section I: In The Beginning . . . Volume 1 And What It Means To Be A Lawyer, Kristina J. Kim
Dickinson Law Review (2017-Present)
No abstract provided.
Address Of Justice Edward J. Fox Of The Supreme Court Of Pennsylvania, Edward J. Fox
Address Of Justice Edward J. Fox Of The Supreme Court Of Pennsylvania, Edward J. Fox
Dickinson Law Review (2017-Present)
No abstract provided.
Electronic Social Media: Friend Or Foe For Judges, M. Sue Kurita
Electronic Social Media: Friend Or Foe For Judges, M. Sue Kurita
St. Mary's Journal on Legal Malpractice & Ethics
The use of electronic social communication has grown at a phenomenal rate. Facebook, the most popular social networking website, has over 1,968,000,000 users—a number that has exponentially grown since its inception in 2004. The number of judges accessing and using electronic social media (ESM) has also increased. However, unlike the general population, judges must consider constitutional, ethical, technical, and evidentiary implications when they use and access ESM. The First Amendment forbids “abridging the freedom of speech” and protects the expression of personal ideas, positions, and views. However, the American Bar Association’s Model Code of Judicial Conduct and the Texas Code …
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 …
Personal Injury Law, Defense V. Plaintiff: A Return To Civility, Daniel Stiffler, Jamie Finizio Bascombe
Personal Injury Law, Defense V. Plaintiff: A Return To Civility, Daniel Stiffler, Jamie Finizio Bascombe
NSU Law Seminar Series
This particular seminar is designed to educate attorneys on the importance of communicating and navigating a civil case while maintaining a level of professionalism, civility, and integrity to the profession, opposing party, and the court. Learning Outcomes include:
- How to maintain a level of civility while competently represent clients in civil cases in Florida
- Review standards of conduct in the context of a lawyer’s responsibility to perceive and protect the image of the profession
The Florida Bar CLE credits - General 2.0, Ethics 0.5 The Florida Bar Certification Credits - Civil Trial 2.0
Benchslaps, Joseph P. Mastrosimone
Benchslaps, Joseph P. Mastrosimone
Utah Law Review
The practice of judges issuing so-called benchslaps is growing both in popularity and concern. Such published decisions and orders seek to publicly shame lawyers for their alleged unethical or unprofessional lawyering. Legal blogs have picked up on this trend, celebrating and elevating benchslaps to become a part of legal popular culture. However, the practice of using embarrassing and belittling published decisions to punish or to deter unethical or professional conduct raises serious concerns that the issuing judge is violating his or her own ethical duties.
This Article criticizes the practice and concludes that it must end based on three arguments: …
Aggregation As Disempowerment: Red Flags In Class Action Settlements, Howard M. Erichson
Aggregation As Disempowerment: Red Flags In Class Action Settlements, Howard M. Erichson
Notre Dame Law Review
Class action critics and proponents cling to the conventional wisdom that class actions empower claimants. Critics complain that class actions over-empower claimants and put defendants at a disadvantage, while proponents defend class actions as essential to consumer protection and rights enforcement. This Article explores how class action settlements sometimes do the opposite. Aggregation empowers claimants’ lawyers by consolidating power in the lawyers’ hands. Consolidation of power allows defendants to strike deals that benefit themselves and claimants’ lawyers while disadvantaging claimants. This Article considers the phenomenon of aggregation as disempowerment by looking at specific settlement features that benefit plaintiffs’ counsel and …
American College Of Trial Lawyers Report And Recommendation On Disruption Of The Judicial Process
American College Of Trial Lawyers Report And Recommendation On Disruption Of The Judicial Process
The Catholic Lawyer
No abstract provided.
The Jury As A Political Institution, Jon M. Van Dyke
The Jury As A Political Institution, Jon M. Van Dyke
The Catholic Lawyer
No abstract provided.
The Partnership Of Bench And Bar, Edward D. Re
The Partnership Of Bench And Bar, Edward D. Re
The Catholic Lawyer
No abstract provided.
Chief Justice William Howard Taft's Conception Of Judicial Integrity: The Legal History Of Tumey V. Ohio, Joshua E. Kastenberg
Chief Justice William Howard Taft's Conception Of Judicial Integrity: The Legal History Of Tumey V. Ohio, Joshua E. Kastenberg
Faculty Scholarship
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 …
“Who Is Really Deciding Your Case?” A Path To Restore Judicial Independence And Impartiality After Citizens United, 51 J. Marshall L. Rev. 167 (2017), Anthony Morelli
“Who Is Really Deciding Your Case?” A Path To Restore Judicial Independence And Impartiality After Citizens United, 51 J. Marshall L. Rev. 167 (2017), Anthony Morelli
UIC Law Review
No abstract provided.
Dirty Laundry: Judicial Appointments In Canada, Richard Devlin
Dirty Laundry: Judicial Appointments In Canada, Richard Devlin
Articles, Book Chapters, & Popular Press
The issue of the appointment of judges is not a freestanding problem. Rather, as Adam Dodek and I have argued, it is part of a larger public policy puzzle, the challenge of designing an appropriate regulatory regime for judges. Any description, analysis, assessment or critique of judicial appointments processes necessarily requires the development and deployment of some conceptual framework. Sometimes such a framework is implicit or taken for granted. However, in our opinion, it is better if we can make that framework—that paradigm—explicit because we can then more clearly understand the nature of the evaluative process in which we are …
Partisan Judicial Speech And Recusal Procedure, Dmitry Bam
Partisan Judicial Speech And Recusal Procedure, Dmitry Bam
Faculty Publications
This article discusses Associate Professor Appleby’s thoughtful comment criticizing the Supreme Court’s self-recusal procedure in light of Justice Ginsberg’s critical remarks about then-Presidential Candidate Trump.
Seen And Heard: A Defense Of Judicial Speech, Dmitry Bam
Seen And Heard: A Defense Of Judicial Speech, Dmitry Bam
Faculty Publications
Judicial ethics largely prohibits judges from engaging in political activities, including endorsing or opposing candidates for public office. These restrictions on judicial politicking, intended to preserve both the reality and the appearance of judicial integrity, independence, and impartiality, have been in place for decades. Although the Code of Conduct for United States Judges does not apply to the Supreme Court, Supreme Court Justices have long followed the norm that they do not take sides, at least publicly, in partisan political elections. And while elected state judges have some leeway to engage in limited political activities associated with their own candidacy," …
A Critique Of The Uniquely Adversarial Nature Of The U.S. Legal, Economic And Political System And Its Implications For Reinforcing Existing Power Hierarchies, Areto A. Imoukuede, Jim Wilets
A Critique Of The Uniquely Adversarial Nature Of The U.S. Legal, Economic And Political System And Its Implications For Reinforcing Existing Power Hierarchies, Areto A. Imoukuede, Jim Wilets
Journal Publications
This article argues that the uniquely adversarial nature of the United States litigation system, rooted in the medieval English system of "trial by battle," has replicated itself in almost all aspects of American society, distinguishing the United States from even its common law counterparts that shared the genesis of their legal systems in English "trial by battle." This "trial by battle" is often characterized in the context of speech by terms such as the 'marketplace of ideas," or in the context of economics by terms such as "the law of the jungle.," Even resolution of basic Constitutional concepts are subject …