Download or read book Judicial Recusal written by R Grant Hammond and published by Bloomsbury Publishing. This book was released on 2009-07-27 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The doctrine of judicial recusal enables - and may require - a judge who is lawfully appointed to hear and determine a case to stand down from that case, leaving its disposition to another colleague or colleagues. The subject is one of considerable import and moment, not only to 'insiders' in the judiciary, but also to litigants and their lawyers. Understanding the principles which guide recusal is also to understand the fundamentals of judging in the common law tradition. The subject is therefore of considerable interest both at practical and theoretical levels, for it tells us most of what we need to know about what it means "to be a judge" and what the discharge of that constitutional duty entails. Unsurprisingly therefore, the subject has attracted controversy, and some of the most savage criticisms ever directed at particular judges. The book commences with an introduction which is followed by an analysis of the essential features of the law, the legal principles (common-law origins, the law today in the USA, UK and Commonwealth) and the difficulties which currently arise in the cases and by operation of statute. The third part looks at process, including waiver, necessity, appellate review, and final appeals. Three specific problem areas (judicial misconduct in court, prior viewpoints, and unconcious bias) are then discussed. The book ends with the author's reflections on future developments and possible reforms of recusal law.
Download or read book Judicial Disqualification written by Richard E. Flamm and published by Aspen Publishers. This book was released on 1996 with total page 1262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Turn to this intensively-researched and comprehensive guide To The case law, statutory law and court rules which govern motions to recuse and disqualify judges in every American jurisdiction. An exhaustive source of precedents, analysis and procedural guidance, this 1,185-page volume is the first authoritative treatise to bring current principles of judicial disqualification law into sharp focus. it clearly and succinctly chronicles every legal basis for judicial disqualification, from the common law and constitutional provisions to state and federal statutes and court rules. it examines in full detail all of the various grounds for disqualification including: Bias (or an appearance of bias) Interest and familial relationships, business and social relationships Prior activity as an attorney Knowledge obtained in criminal proceedings Judicial conduct, comments, and rulings and more When jurisdictions differ in their approach To The law, Judicial Disqualification supplies expert analysis and commentary -- supported by exhaustive case citations -- to bring clarity and authority To The issues at hand. You'll find not only in-depth coverage of all of the applicable judicial disqualification provisions and case law but expert analysis of precisely what goes into the court's determination of whether the motion is timely, legally sufficient and procedurally proper. Judicial Disqualification also features exhaustive examination of those factors that mitigate in favor of (or against) disqualification, And The accepted mechanisms for seeking appellate review of judicial disqualification orders, and uncharged crimes and stipulations.
Download or read book RECUSAL AND DISQUALIFICATION OF JUDGES written by RICHARD E. FLAMM and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Disqualifying the High Court written by Louis J. Virelli III and published by University Press of Kansas. This book was released on 2016-06-03 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since at least the time of Justinian--under statutes, codes of judicial ethics, and the common law—judges have been expected to recuse themselves from cases in which they might have a stake. The same holds true for the justices of the US Supreme Court. For instance, there were calls for Ruth Bader Ginsburg and Elena Kagan, both of whom had officiated at gay weddings,to recuse themselves from the recent marriage equity case, Obergefell v. Hodges. Even a case like this, where no justice bowed out, reveals what a tricky ethical issue recusal can be. but as Louis J. Virelli demonstrates in this provocative work, recusal at the Supreme Court also presents questions of constitutional power. Disqualifying the High Court shows that our current understanding of how and when justices should recuse themselves is at odds with our constitutional design. Viewing recusal through a constitutional lens, Virelli reveals new and compelling information about how justices should decide recusal questions and, in turn, how our government should function more broadly. Along the way he traces the roots and development of federal recusal law in America from as early as the Roman Empire up to the present day. The Supreme Court's unique place at the top of the judicial branch protests the justices from some forms of congressional interference. Virelli argues that constitutional law, in particular the separation of powers, prohibits Congress from regulating the recusal practices of the Supreme Court. Instead those decisions must be left to the justices themselves, grounded in the principles of due process--assuring parties fair treatment by the judicial system--and balanced against the justices' rights to free speech. Along with the clarity it brings to this highly controversial issue, Virelli's work also offers insight into constitutional problems presented by separation of powers. It will inform our evolving understanding of theory and practice in the American judicial system.
Download or read book Model Code of Judicial Conduct written by American Bar Association and published by American Bar Association. This book was released on 2007 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Recusal written by Alan Hirsch and published by . This book was released on 2002 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This monograph offers a synthesis and analysis of the case law under 28 U.S.C. [sections] 455 and 144 to assist judges in ruling on recusal"--P. v.
Download or read book Judicial Disqualification written by Charles Gardner Geyh and published by . This book was released on 2010 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Culture of Judicial Independence written by Shimon Shetreet and published by Martinus Nijhoff Publishers. This book was released on 2015-01-27 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Culture of Judicial Independence: Rule of Law and World Peace, is the third book by Shimon Shetreet on Judicial Independence. The first was Judicial Independence: The Contemporary Debate (edited by Shimon Shetreet and Jules Deschênes, Nijhoff,1985). The second was The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (Edited by Shimon Shetreet and Christopher Forsyth, Nijhoff, 2012). This volume contains essays by senior academics, judges and practitioners across jurisdictions offering an analysis of several central issues relative to the culture of Judicial Independence. These include judicial review, human rights, democracy, the rule of law and world peace, constitutional position of top courts, relations between the judiciary and the other branches of government, impartiality and fairness of the judicial process, judicial ethics, dispute resolution in arbitral awards and international investments, international courts and cross country issues, judicial selection. The volume also offers an update report on the International Project of Judicial Independence of the International Association of Judicial Independence and World Peace, including the relations of top courts and international courts, administrative judges, culture of judicial independence and public inquiries by judges.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Judicial Conduct and Ethics written by Charles Gardner Geyh and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Ethics and Accountability on the US Supreme Court written by Robert J. Hume and published by State University of New York Press. This book was released on 2017-11-21 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the causes and consequences of recusal behavior on the US Supreme Court. Do US Supreme Court justices withdraw from cases when they are supposed to? What happens when the Court is down a member? In Ethics and Accountability on the US Supreme Court, Robert J. Hume provides the first comprehensive examination of the causes and consequences of recusal behavior on the Supreme Court. Using original data, and with rich attention to historical detail including media commentary about recusals, he systematically analyzes the factors that influence Supreme Court recusal, a process which has so far been shrouded in secrecy. It is revealed that justices do not strictly follow the recusal guidelines set by Congress, but at the same time they do not ignore these rules. Overall, justices are selective in their compliance with the recusal statute, balancing ethical considerations against other institutional and policy goals, such as the duty to sit. However, the book also concludes that the impact of recusals on policymaking is more limited than commentators have claimed, raising questions about whether ethics reform is really needed at this time. Robert J. Hume is Professor of Political Science at Fordham University. He is the author of Courthouse Democracy and Minority Rights: Same-Sex Marriage in the States and How Courts Impact Federal Administrative Behavior.
Download or read book California Judicial Conduct Handbook written by David M. Rothman and published by . This book was released on 2017 with total page 971 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Code of Judicial Conduct for United States Judges written by American Bar Association and published by . This book was released on 1974 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Code of Conduct for United States Judges written by Judicial Conference of the United States and published by . This book was released on 1993 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Appearance of Justice written by John P. MacKenzie and published by . This book was released on 1974 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book How Judges Think written by Richard A. Posner and published by Harvard University Press. This book was released on 2010-05-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
Download or read book Judicial Disqualification written by and published by . This book was released on 2015 with total page 840 pages. Available in PDF, EPUB and Kindle. Book excerpt:
