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University of Michigan Law School

State and Local Government Law

Due process

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Safeguarding The Litigant's Constitutional Right To A Fair And Impartial Forum: A Due Process Approach To Improprieties Arising From Judicial Campaign Contributions From Lawyers, Mark Andrew Grannis Nov 1987

Safeguarding The Litigant's Constitutional Right To A Fair And Impartial Forum: A Due Process Approach To Improprieties Arising From Judicial Campaign Contributions From Lawyers, Mark Andrew Grannis

Michigan Law Review

This Note will argue that the improprieties arising from some campaign contributions are so egregious that they offend the due process clause of the fourteenth amendment. Consequently, states must either reform judicial campaigns to eliminate such improprieties, or, through mandatory judicial recusal or disqualification, respect the absolute constitutional right to an impartial forum. Part I of this Note will examine the history of disqualification at common law and in American practice, focusing on the extent to which it has been held to be a requirement of due process. Part II will argue that under the applicable due process standards, a ...