000 | 02969cam a2200445 i 4500 | ||
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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 |
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042 | _apcc | ||
043 | _an-us--- | ||
050 | 0 | 0 |
_aKF8861 _b.V57 2016 |
082 | 0 | 0 |
_a347.73/265 _223 |
084 |
_aLAW018000 _aPOL022000 _aLAW111000 _2bisacsh |
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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] |
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300 |
_axviii, 275 pages ; _c24 cm |
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336 |
_atext _btxt _2rdacontent |
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337 |
_aunmediated _bn _2rdamedia |
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338 |
_avolume _bnc _2rdacarrier |
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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. |
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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. |
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650 | 7 |
_aLAW / Constitutional. _2bisacsh |
|
650 | 7 |
_aPOLITICAL SCIENCE / Constitutions. _2bisacsh |
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650 | 7 |
_aLAW / Judicial Power. _2bisacsh |
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596 | _a1 | ||
948 | _au613170 | ||
903 | _a33672 | ||
999 |
_c33672 _d33672 |