000 02969cam a2200445 i 4500
001 18958281
003 MiTN
005 20190729110519.0
008 160202s2016 ksu b 001 0 eng
010 _a 2016004961
020 _a9780700622719 (hardback)
020 _z9780700622726 (ebook)
040 _aDLC
_beng
_cDLC
_erda
_dDLC
042 _apcc
043 _an-us---
050 0 0 _aKF8861
_b.V57 2016
082 0 0 _a347.73/265
_223
084 _aLAW018000
_aPOL022000
_aLAW111000
_2bisacsh
100 1 _aVirelli, Louis J.,
245 1 0 _aDisqualifying the high court :
_bSupreme Court recusal and the constitution /
_cLouis Virelli III.
264 1 _aLawrence, Kansas :
_bUniversity Press of Kansas,
_c[2016]
300 _axviii, 275 pages ;
_c24 cm
336 _atext
_btxt
_2rdacontent
337 _aunmediated
_bn
_2rdamedia
338 _avolume
_bnc
_2rdacarrier
504 _aIncludes bibliographical references (pages 225-266) and index.
505 0 _aThe evolution of American recusal law -- Recusal and the Supreme Court -- The constitutionality of Supreme Court recusal standards -- Constitutional solutions -- Due process and the First Amendment -- Beyond the High Court -- A lesson in structure.
520 _aJudges recuse themselves when the outcome of a case might affect their personal interest or if there is reasonable belief that they would be biased because they have already taken a position on a case. For example, in a recent decision the Supreme Court decided that a member of the West Virginia Supreme Court should have recused himself from a decision involving a company that had made a substantial contribution to his election campaign. Who sets the standards for recusal and what standards are appropriate? Can Congress regulate the recusal rules for a co-equal branch, particularly the Supreme Court? What considerations go into making decisions about recusal? In this book Lou Virelli argues that Congress cannot set standards that must be followed by the Supreme Court because of separation of powers. The issue is less clear for the lower federal courts. In considering what standards should apply the courts must balance the due process claims of litigants with the right of judges to exercise their free speech rights. This book explores the history and grounds of judicial recusal by focusing mostly on the federal courts. Beyond the important question of recusal itself, the book explores the constitutional problems associated with separation of powers--
_cProvided by publisher.
650 0 _aJudges
_xRecusal
_zUnited States.
650 0 _aJudges
_xDisqualification
_zUnited States.
610 1 0 _aUnited States.
_bSupreme Court.
650 0 _aConstitutional law
_zUnited States.
650 7 _aLAW / Constitutional.
_2bisacsh
650 7 _aPOLITICAL SCIENCE / Constitutions.
_2bisacsh
650 7 _aLAW / Judicial Power.
_2bisacsh
596 _a1
948 _au613170
903 _a33672
999 _c33672
_d33672