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Caperton, Due Process, And Judicial Duty: Recusal Oversight In Patrons’ Cases, Steve Sheppard
Caperton, Due Process, And Judicial Duty: Recusal Oversight In Patrons’ Cases, Steve Sheppard
Steve Sheppard
In celebration of the life of Judge William E. Enfield, this article discusses the necessity of granting all litigants the right to fair trials with impartial judges. Judges should recuse themselves from cases that involve conflicts of interest, which may result in partiality from the bench. However, judges do not always opt for recusal, even when their impartiality is in question. In Caperton v. A.T. Massey Coal Co., 556 U.S. 868 (2009), the Court evaluated West Virginia Supreme Court Justice Brent Benjamin’s decision not to disqualify himself from a case involving a litigant who made large contributions to his election …
Revisiting A Classic: Duncan Kennedy's Legal Education And The Reproduction Of Hierarchy The Ghost In The Law School: How Duncan Kennedy Caught The Hierarchy Zeitgeist But Missed The Point, Steve Sheppard
Steve Sheppard
In his manifesto, Duncan Kennedy aptly identified hierarchies within legal scholarship and the legal profession, but his conclusion--hierarchies in law are wrong and must be resisted--is misplaced. Kennedy’s Legal Education and the Reproduction of Hierarchy: A Polemic Against the System, claims law schools breed a hierarchical system, where rank plays an important part in how law schools relate to each other; how faculty members relate to each other and to students; and how students relate to other students. This system trains students to accept and prepare for their place within the hierarchy of the legal profession. According to Kennedy, such …