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Fighting Conflicts Of Interest In Officialdom: Constitutional And Practical Guidelines For State Financial Disclosure Laws, Michigan Law Review
Fighting Conflicts Of Interest In Officialdom: Constitutional And Practical Guidelines For State Financial Disclosure Laws, Michigan Law Review
Michigan Law Review
This note will examine the individual interests in running for office and in personal financial privacy in order to determine what level of scrutiny should be applied to disclosure statutes. After concluding that only minimal scrutiny should apply--a standard certainly met by the state's strong interests--it will be argued that nonconstitutional considerations bearing on the practicality of disclosure statutes nevertheless require a careful balancing of the state interest in disclosure against the individual interests of each class of persons affected by the statutes. The discussion of the strength of the state's interest in disclosure with respect to each class will …
Disqualifications For Interest Of Lower Federal Court Judges: 28 U.S.C. § 455, Michigan Law Review
Disqualifications For Interest Of Lower Federal Court Judges: 28 U.S.C. § 455, Michigan Law Review
Michigan Law Review
Disqualification of a judge occurs when he is ineligible by law to sit in a particular case. At the Supreme Court level, disqualification is a personal decision of the individual justice, who seldom records the reasons for his decision. Thus, there is little material on the Court's disqualification practices that can be subjected to legal analysis. However, substantial case law on disqualification has developed in the lower federal courts, where the decision of a trial judge to sit or step down in a case may appear in the trial record and is subject to review by a court of appeals. …