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Full-Text Articles in Law
Partisan Judicial Speech And Recusal Procedure, Dmitry Bam
Partisan Judicial Speech And Recusal Procedure, Dmitry Bam
Faculty Publications
This article discusses Associate Professor Appleby’s thoughtful comment criticizing the Supreme Court’s self-recusal procedure in light of Justice Ginsberg’s critical remarks about then-Presidential Candidate Trump.
Understanding Caperton: Judicial Disqualification Under The Due Process Clause, Dmitry Bam
Understanding Caperton: Judicial Disqualification Under The Due Process Clause, Dmitry Bam
Faculty Publications
It is virtually impossible to discuss the Supreme Court’s decision in Caperton v. A.T. Massey Coal Co. without hearing some variant of the following response: “I can’t believe it was as close as it was.” And it does not matter whether you are chatting with your next-door neighbor who had never thought about judicial ethics in his life or discussing the case with a judicial-recusal expert. Nearly everyone seems to agree: Caperton was an “easy” case and that four justices dissented is an indication that there is something terribly wrong. Not only has Caperton elevated the issue of judicial impartiality …