Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Recusal (2)
- Alexander Hamilton (1)
- Barron v. Baltimore (1)
- Benjamin (1)
- Bobbitt (1)
-
- Campaign (1)
- Canon (1)
- Caperton (1)
- Citizens United (1)
- Constitutional Theory (1)
- Constitutional due process (1)
- Constitutional standard (1)
- Construction (1)
- Corporate (1)
- Discipline (1)
- Disqualification (1)
- Disqualify (1)
- Dissenter (1)
- Due Process (1)
- Election (1)
- Federal Election Commission (1)
- Fourteenth amendment (1)
- Houston v. Moore (1)
- Impartial (1)
- Impartiality (1)
- Impeachment (1)
- Interpretation (1)
- James Madison (1)
- Judges (1)
- Judicial Elections (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
Summary Of Berkson V. Lepome, 126 Nev. Adv. Op. No. 46, Cayla Witty
Summary Of Berkson V. Lepome, 126 Nev. Adv. Op. No. 46, Cayla Witty
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Carrigan V. Comm. On Ethics, 129 Nev. Adv. Op. 95, Edward Wynder
Summary Of Carrigan V. Comm. On Ethics, 129 Nev. Adv. Op. 95, Edward Wynder
Nevada Supreme Court Summaries
Appeal from a district court order denying a petition for judicial review from a decision of the Nevada Commission on Ethics, determining whether the censure of an elected public officer for alleged voting violations under NRS 281A.420(2)(c) violates the First Amendment.
What Is The Sound Of A Corporation Speaking? “Just Another Voice,” According To The Supreme Court, Linda L. Berger
What Is The Sound Of A Corporation Speaking? “Just Another Voice,” According To The Supreme Court, Linda L. Berger
Scholarly Works
When the Supreme Court overrules itself, and reaches a result different from the conclusions of Congress, the Executive Branch, and more than 20 state legislatures, the Court has the burden of persuasion. Did the five justices in the majority in Citizens United v. Federal Election Commission meet that burden? The author argues that the answer is no, setting aside the question of whether the majority reached the "right" conclusion about the constitutionality of limiting corporate spending in election campaigns. In this essay, the author explains her answer and addresses a related question: did the Citizens United majority observe the rules …
Constructing The Constitutional Canon: The Metonymic Evolution Of Federalist 10, Ian C. Bartrum
Constructing The Constitutional Canon: The Metonymic Evolution Of Federalist 10, Ian C. Bartrum
Scholarly Works
This paper is part of larger symposium convened for the 2010 AALS annual meeting. In it the author adapts some of his earlier constitutional theoretical work to engage the topic of that symposium: the so-called “interpretation/construction distinction.” The author makes two related criticisms of the distinction: (1) it relies on a flawed conception of linguistic meaning, and (2) while these flaws may be harmless in the “easy” cases of interpretation, they are much more problematic in the difficult cases of most concern. Thus, the author doubts the ultimate utility of the distinction as part of a “true and correct” model …
Book Review: "The Lost History Of The Ninth Amendment", Thomas B. Mcaffee
Book Review: "The Lost History Of The Ninth Amendment", Thomas B. Mcaffee
Scholarly Works
No abstract provided.
Completing Caperton And Clarifying Common Sense Through Using The Right Standard For Constitutional Judicial Recusal, Jeffrey W. Stempel
Completing Caperton And Clarifying Common Sense Through Using The Right Standard For Constitutional Judicial Recusal, Jeffrey W. Stempel
Scholarly Works
In Caperton v. A.T. Massey Coal Co., the U.S. Supreme Court vacated a state supreme court decision in which a justice who had received $3 million in campaign support from a litigant cast the deciding vote to relieve the litigant of a $50 million liability. The Court reached this result, one I view as compelled by common sense, through a 5-4 vote, with the dissenters, led by Chief Justice John Roberts and Justice Antonin Scalia, minimizing the danger of biased judging presented by the situation and questioning the practical feasibility of the Court's approach as well as the wisdom of …
Impeach Brent Benjamin Now!? Giving Adequate Attention To Failings Of Judicial Impartiality, Jeffrey W. Stempel
Impeach Brent Benjamin Now!? Giving Adequate Attention To Failings Of Judicial Impartiality, Jeffrey W. Stempel
Scholarly Works
In Caperton v. A.T. Massey Coal Co., Inc., 129 S. Ct. 2252 (2009), the Supreme Court by a 5-4 vote vacated and remanded a decision of the West Virginia Supreme Court of Appeals in which Justice Brent Benjamin cast the deciding vote in favor of Massey, a company run by Don Blankenship, who had provided $3 million in support to Benjamin during his 2004 election campaign.
Despite the unsavory taste of the entire episode, the Court was excessively careful not to criticize Justice Benjamin. Overlooked because of this undue judicial civility and controversy about the constitutional aspects of the decision …