Open Access. Powered by Scholars. Published by Universities.®
![Digital Commons Network](http://assets.bepress.com/20200205/img/dcn/DCsunburst.png)
Legal Ethics and Professional Responsibility Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Disqualification (2)
- Judges (2)
- Judiciary (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)
- American Bar Association (ABA) (1)
- Appellate Courts (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)
- Commencement Speech (1)
- Conference of Court Public Information Officers (CCPIO) (1)
- Confidence (1)
- Constitutional (1)
- Dickinson Law (1)
- Edward J. Fox (1)
- Electronic communication (1)
- Electronic content (1)
- Electronic social media (ESM) (1)
- Endorsing political candidates (1)
- Ex parte (1)
- Facebook (1)
Articles 1 - 13 of 13
Full-Text Articles in Legal Ethics and Professional Responsibility
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 …
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 …
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.
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.
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 …
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.
“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.