Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- ABA (1)
- Appearance of Impropriety (1)
- Appearance of impartiality (1)
- Appearance of impropriety (1)
- Campaign Contributions (1)
-
- Campaign Expenditures (1)
- Campaign Finance (1)
- Constitutional Law (1)
- Disqualification (1)
- Due Process (1)
- Judicial Elections (1)
- Judicial Ethics (1)
- Judicial disqualification (1)
- Legal Ethics (1)
- Matter of Larsen (1)
- Model Code of Judicial Conduct (1)
- Professional Responsibility (1)
- Recusal (1)
- Spargo v. New York State Commission on Judicial Conduct (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Judicial Disqualification In The Aftermath Of Caperton V. A.T. Massey Coal Co., Ronald D. Rotunda
Judicial Disqualification In The Aftermath Of Caperton V. A.T. Massey Coal Co., Ronald D. Rotunda
Ronald D. Rotunda
Does Due Process require a judge to disqualify himself if an individual spent independent funds to buy ads that criticized the judge's opponent in a judicial election? The Supreme Court said yes (5 to 4) in the Caperton decision, and thus has created more uncertainty in the law. Does it matter if the person who paid for the independent ads was not a lawyer or a party but was only an employee of the party? And, does it matter if that employee's financial interest in the law suit (if one were to pierce the corporate veil) is minor – substantially …
Judicial Ethics, The Appearance Of Impropriety, And The Proposed New Aba Judicial Code, Ronald D. Rotunda
Judicial Ethics, The Appearance Of Impropriety, And The Proposed New Aba Judicial Code, Ronald D. Rotunda
Ronald D. Rotunda
We sometimes think, loosely, that ethics is good and that therefore more is better than less. But more is not better than less, if the more exacts higher costs, measured in terms of vague rules that impose unnecessary and excessive burdens. Overly-vague ethics rules impose costs on the judicial system and the litigants, which we should weigh when determining whether to impose ill-defined and indefinite ethics prohibitions on judges. Unnecessarily imprecise ethics rules allow and tempt critics, with minimum effort, to levy a plausible and serious charge that the judge has violated the ethics rules. Overuse not only invites abuse …