Author: Louis J. Virelli III
Release Date: 2016-06-03
Disqualifying the High Court is a path-breaking book that thoughtfully explores Supreme Court recusal through the lens of separation of powers and other constitutional principles. It rewards readers with new and valuable insights and information about the increasingly important, and surprisingly complicated, topic of Supreme Court recusal, as well as about these constitutional principles and the Court itself
Author: R Grant Hammond
Publisher: Bloomsbury Publishing
Release Date: 2009-07-27
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.
Author: Greg Goelzhauser
Publisher: Temple University Press
Release Date: 2016-06-15
Since 1940, more than half of all states have switched at least in part from popular election or elite appointment to experiment with merit selection in choosing some or all of their state supreme court justices. Under merit selection, a commission—often comprising some combination of judges, attorneys, and the general public—is tasked with considering applications from candidates vying to fill a judicial vacancy. Ostensibly, the commission forwards the best candidates to the governor, who ultimately appoints them. Presently, numerous states are debating whether to adopt or abolish merit selection. In his short, sharp book, Choosing State Supreme Court Justices, Greg Goelzhauser utilizes new data on more than 1,500 state supreme court justices seated from 1960 through 2014 to answer the question, Does merit selection produce better types of judges? He traces the rise of merit selection and explores whether certain judicial selection institutions favor candidates who have better qualifications, are more diverse, and have different types of professional experience. Goelzhauser’s results ultimately contribute to the broader debate concerning comparative institutional performance with respect to state judicial selection.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Release Date: 2008
The 2008 Edition of the Model Rules of Professional Conduct is an up-to-date resource for information on lawyer ethics. The Rules, with some variations, have been adopted in 48 jurisdictions. Federal, state, and local courts in all jurisdictions, even those that have not formally adopted the Rules, look to the Rules for guidance in resolving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions, and much more.
Author: Michael Beschloss
Release Date: 2018-10-09
From a preeminent presidential historian comes a groundbreaking and often surprising saga of America’s wartime chief executives Ten years in the research and writing, Presidents of War is a fresh, magisterial, intimate look at a procession of American leaders as they took the nation into conflict and mobilized their country for victory. It brings us into the room as they make the most difficult decisions that face any President, at times sending hundreds of thousands of American men and women to their deaths. From James Madison and the War of 1812 to recent times, we see them struggling with Congress, the courts, the press, their own advisors and antiwar protesters; seeking comfort from their spouses, families and friends; and dropping to their knees in prayer. We come to understand how these Presidents were able to withstand the pressures of war—both physically and emotionally—or were broken by them. Beschloss’s interviews with surviving participants in the drama and his findings in original letters, diaries, once-classified national security documents, and other sources help him to tell this story in a way it has not been told before. Presidents of War combines the sense of being there with the overarching context of two centuries of American history. This important book shows how far we have traveled from the time of our Founders, who tried to constrain presidential power, to our modern day, when a single leader has the potential to launch nuclear weapons that can destroy much of the human race.
Author: John Paul Stevens
Publisher: Little, Brown
Release Date: 2014-04-22
Genre: Political Science
For the first time ever, a retired Supreme Court Justice offers a manifesto on how the Constitution needs to change. By the time of his retirement in June 2010, John Paul Stevens had become the second longest serving Justice in the history of the Supreme Court. Now he draws upon his more than three decades on the Court, during which he was involved with many of the defining decisions of the modern era, to offer a book like none other. SIX AMENDMENTS is an absolutely unprecedented call to arms, detailing six specific ways in which the Constitution should be amended in order to protect our democracy and the safety and wellbeing of American citizens. Written with the same precision and elegance that made Stevens's own Court opinions legendary for their clarity as well as logic, SIX AMENDMENTS is a remarkable work, both because of its unprecedented nature and, in an age of partisan ferocity, its inarguable common sense.
Decision-makers must make unbiased decisions. Accordingly where there is a perception of bias a decision-maker should be disqualified and the decision should be made by another person.This book examines the disqualification principle and the test that courts apply in different contexts. The application of the principle is examined in the context of judges, jurors, administrative decision-makers, inquiries, local government, sporting clubs, political decisions, international tribunals and military tribunals.Disqualification for Bias also examines the remedies available where a person alleges that a decision-maker should be disqualified. Many practical issues are also examined including procedural issues.A detailed examination of relevant case law and statutes from a number of jurisdictions including Australia, New Zealand, the United Kingdom and Canada is also included.
Author: Molly E. Reynolds
Publisher: Brookings Institution Press
Release Date: 2017-07-18
Genre: Political Science
Special rules enable the Senate to act despite the filibuster. Sometimes. Most people believe that, in today's partisan environment, the filibuster prevents the Senate from acting on all but the least controversial matters. But this is not exactly correct. In fact, the Senate since the 1970s has created a series of special rules—described by Molly Reynolds as “majoritarian exceptions”—that limit debate on a wide range of measures on the Senate floor. The details of these exemptions might sound arcane and technical, but in practice they have enabled the Senate to act even when it otherwise seemed paralyzed. Important examples include procedures used to pass the annual congressional budget resolution, enact budget reconciliation bills, review proposals to close military bases, attempt to prevent arms sales, ratify trade agreements, and reconsider regulations promulgated by the executive branch. Reynolds argues that these procedures represent a key instrument of majority party power in the Senate. They allow the majority—even if it does not have the sixty votes needed to block a filibuster—to produce policies that will improve its future electoral prospects, and thus increase the chances it remains the majority party. As a case study, Exceptions to the Rule examines the Senate's role in the budget reconciliation process, in which particular congressional committees are charged with developing procedurally protected proposals to alter certain federal programs in their jurisdictions. Created as a way of helping Congress work through tricky budget issues, the reconciliation process has become a powerful tool for the majority party to bypass the minority and adopt policy changes in hopes that it will benefit in the next election cycle.
Required reading for anyone who wants to understand how to work within Congress. The House and Senate have unique rules and procedures to determine how legislation moves from a policy idea to law. Evolved over the last 200 years, the rules of both chambers are designed to act as the engine for that process. Each legislative body has its own leadership positions to oversee this legislative process. To the novice, whether a newly elected representative, a lawmaker’s staff on her first day at work, or a constituent visiting Washington, the entire process can seem incomprehensible. What is an open rule for a House Appropriations bill and how does it affect consideration? Why are unanimous consent agreements needed in the Senate? The authors of Inside Congress, all congressional veterans, have written the definitive guide to how Congress really works. It is the accessible and necessary resource to understanding and interpreting procedural tools, arcane precedents, and the role of party politics in the making of legislation in Congress.
Author: Lincoln Caplan
Publisher: University of Pennsylvania Press
Release Date: 2016-09-30
When the Democrat-appointed Justice Ruth Bader Ginsburg criticized Republican presidential nominee Donald Trump, she triggered concerns about judicial ethics. But the political concerns were even more serious. The Supreme Court is supposed to be what Alexander Hamilton called "the least dangerous" branch of government, because it is the least political. Justices have lifetime appointments to ensure their "complete independence" when deciding cases and controversies. But in the Roberts Court's most contested and important rulings, it has divided along partisan lines for the first time in American history: Republican presidents appointed the conservatives, Democrats appointed the liberals. Justice Ginsburg's criticisms suggested that partisan politics drive the Court's most profound disagreements. Well-respected political science supports that view. Has this partisan turn made the Court less independent and less trustworthy than the nation requires? The term ending in 2016 included more decisions and developments in almost fifty years for analyzing this question. Among them were major cases about abortion rights, the death penalty, immigration, and other wedge issues, as well as the death of Justice Antonin G. Scalia, leaving the Court evenly divided between conservatives and liberals. Legal journalist Lincoln Caplan dissects the recent term, puts it in historical context, and recommends ways to strengthen trust in the Supreme Court as the pinnacle of the American constitutional system.
Author: Victoria Nourse
Publisher: Harvard University Press
Release Date: 2016-09-12
Victoria Nourse argues that lawyers must be educated on the basic procedures that define how Congress operates today. Lawmaking creates winners and losers. If lawyers and judges do not understand this, they may embrace the meanings of those who opposed legislation, turning legislative losers into judicial winners and standing democracy on its head.
Author: David F. Forte
Publisher: Simon and Schuster
Release Date: 2014-09-16
Genre: Political Science
A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation
Author: Walter W. Heiser
Release Date: 2012-07-25
Written for upper-level law students who intend to practice law in California, this book emphasizes those aspects of California civil procedure that deviate from the federal system. California Civil Procedure aims to serve several functions. First, upon completion of a course using this casebook, students are prepared to more competently conduct civil litigation in the California courts upon graduation. Furthermore, this book represents the procedural advantages and disadvantages of litigating in California state courts as opposed to federal courts so new lawyers can make an informed choice between filing an action in one system or the other. This book also provides students with a brief summary of the federal or general position on each major topic as a basis of comparison and as a review of first-year civil procedure.