Judicial Disqualification
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Author | : R Grant Hammond |
Publisher | : Bloomsbury Publishing |
Total Pages | : 208 |
Release | : 2009-07-27 |
Genre | : Law |
ISBN | : 1847315186 |
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 | : American Bar Association |
Publisher | : American Bar Association |
Total Pages | : 212 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318393 |
Author | : RICHARD E. FLAMM |
Publisher | : |
Total Pages | : 0 |
Release | : 2023 |
Genre | : |
ISBN | : 9781890080549 |
Author | : Charles Gardner Geyh |
Publisher | : |
Total Pages | : |
Release | : 2020 |
Genre | : Judicial ethics |
ISBN | : 9781663308368 |
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
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.
Author | : Charles Gardner Geyh |
Publisher | : |
Total Pages | : 136 |
Release | : 2010 |
Genre | : Government publications |
ISBN | : |
Author | : Kelly Stephen Searl |
Publisher | : |
Total Pages | : 520 |
Release | : 1922 |
Genre | : Court rules |
ISBN | : |
Author | : United States. Congress. Senate. Judiciary |
Publisher | : |
Total Pages | : 208 |
Release | : 1973 |
Genre | : |
ISBN | : |
Author | : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Improvements in Judicial Machinery |
Publisher | : |
Total Pages | : 218 |
Release | : 1978 |
Genre | : Disqualification of judges |
ISBN | : |
Author | : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice |
Publisher | : |
Total Pages | : 44 |
Release | : 1974 |
Genre | : Disqualification of judges |
ISBN | : |