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Full-Text Articles in Law

The Supreme Court, Judicial Elections, And Dark Money, Richard Briffault Jan 2018

The Supreme Court, Judicial Elections, And Dark Money, Richard Briffault

Faculty Scholarship

Judges, even when popularly elected, are not representatives; they are not agents for their voters, nor should they take voter preferences into account in adjudicating cases. However, popularly elected judges are representatives for some election law purposes. Unlike other elected officials, judges are not politicians. But judges are policy-makers. Judicial elections are subject to the same constitutional doctrines that govern voting on legislators, executives, and ballot propositions. Except when they are not. The same First Amendment doctrine that protects campaign speech in legislative, executive, and ballot proposition elections applies to campaign speech in judicial elections – but not in quite …


Is Justice For Sale In Ohio? An Examination Of Ohio Judicial Elections And Suggestions For Reform Focusing On The 2000 Race For The Ohio Supreme Court, Kara Baker Jul 2015

Is Justice For Sale In Ohio? An Examination Of Ohio Judicial Elections And Suggestions For Reform Focusing On The 2000 Race For The Ohio Supreme Court, Kara Baker

Akron Law Review

“Is justice for sale in Ohio?” asked a television advertisement in October 2000. Another advertisement informed voters that “today in Ohio, instructors teach and students learn, in spite of Justice Alice Resnick.” These advertisements are examples of the derogatory judicial campaigning that is becoming prevalent in the United States.

Part II of this comment will focus on the 2000 Ohio Supreme Court campaign between Alice Robie Resnick and Terrence O’Donnell as an example of current problems in judicial campaigning. The effect of this campaign and of similar other campaigns on the judicial system and public perceptions of justice will be …


The Looming Collapse Of Restrictions On Judicial Campaign Speech, Nat S. Stern Feb 2007

The Looming Collapse Of Restrictions On Judicial Campaign Speech, Nat S. Stern

Nat S Stern

In Republican Party of Minnesota v. White, the Supreme Court in 2002 struck down Minnesota’s ban on a judicial candidate’s “announc[ing] his or her views on disputed legal or political issues.” Since then, the American Bar Association and many states have revised their codes of judicial conduct to comply with White’s specific holding while seeking to retain other limitations on judicial campaign speech. Such efforts, however, ignore the broader implications of the Court’s opinion in White. Both the logic of that opinion and the ideological inclinations of the current Court point to the likely invalidation of major portions of these …


The Looming Collapse Of Restrictions On Judicial Campaign Speech, Nat S. Stern Feb 2007

The Looming Collapse Of Restrictions On Judicial Campaign Speech, Nat S. Stern

Nat S Stern

In Republican Party of Minnesota v. White, the Supreme Court in 2002 struck down Minnesota’s ban on a judicial candidate’s “announc[ing] his or her views on disputed legal or political issues.” Since then, the American Bar Association and many states have revised their codes of judicial conduct to comply with White’s specific holding while seeking to retain other limitations on judicial campaign speech. Such efforts, however, ignore the broader implications of the Court’s opinion in White. Both the logic of that opinion and the ideological inclinations of the current Court point to the likely invalidation of major portions of these …


Adjudicative Speech And The First Amendment, Christopher J. Peters Feb 2004

Adjudicative Speech And The First Amendment, Christopher J. Peters

All Faculty Scholarship

While political speech - speech intended to influence political decisions - is afforded the highest protection under the First Amendment, adjudicative speech - speech intended to influence court decisions - is regularly and systematically constrained by rules of evidence, canons of professional ethics, judicial gag orders, and similar devices. Yet court decisions can be as important, both to the litigants and to society at large, as political decisions. How then can our practice of severely constraining adjudicative speech be justified as consistent with First Amendment principles?

This Article attempts to answer that question in a way that is informative about …


The Ethical Dilemma Of Campaigning For Judicial Office: A Proposed Solution Jan 1986

The Ethical Dilemma Of Campaigning For Judicial Office: A Proposed Solution

Fordham Urban Law Journal

Candidates for judicial office looked to the Canons of Judicial Ethics for the appropriate behavior expected of a candidate during a judicial campaign. Canons 30 and 32 require candidates to remain free from an appearance of influence by those who have contributed to the campaign. The difficulty in complying with the need to raise money and to remain free from the appearance of influence led to the adoption of the Code of Judicial Conduct in 1972. Canon 7B(2) bars candidates from solicitation and acceptance of campaign contributions. The Note examines the ambiguities surrounding Canon 7B(2), and conducts a survey of …