Courts, Campaigns, and Corruption – CLE Materials

Panel 1 Readings – Caperton and the Courts: Did the Floodgates Open?
James Sample – “Court Reform Enters the Post-Caperton Era
Michael Kang & Joanna Shepherd – “The Partisan Price of Justice: An Empirical Analysis of Campaign Contributions and Judicial Decisions
Pamela Karlan – “Electing Judges, Judging Elections and the Lessons of Caperton
Ronald D. Rotunda – “Judicial Disqualification in the Aftermath of Caperton v. A.T. Massey Coal Co.

Panel 2 Readings – The State of Recusal Reform
Stephen Hoersting & Bradley Smith – “The Caperton Caper and the Kennedy Conundrum
James Sample – “Democracy at the Corner of First and Fourteenth: Judicial Campaign Spending and Equality
Dmitry Bam – “Understanding Caperton: Judicial Disqualification Under the Due Process Clause
Keith Swisher – “Pro-Prosecution Judges: ‘Tough On Crime,’ Soft on Strategy, Ripe for Disqualification

Judicial Lunch – A View from the Bench
Eric Posner – “Does Political Bias in the Judiciary Matter?: Implications of Judicial Bias Studies for Legal and Constitutional Reform
Steven Lubet – “Judicial Ethics and Private Lives
James Sample – “Supreme Court Recusal From Marbury to the Modern Day
Tobin Sparling – “Keeping Up Appearances: The Constitutionality of the Model Code of Judicial Conduct’s Prohibition of Extrajudicial Speech Creating the Appearance of Bias
Dmitry Bam – “Voter Ignorance and Judicial Elections
Penny White – “Judging Judges: Securing Judicial Independence by Use of Judicial Performance Evaluations

Panel 3 Readings – Caperton‘s Next Generation: Beyond the Bank
Melinda A. Marbes – “Refocusing Recusals: How the Bias Blind Spot Affects Disqualification Disputes and Should Reshape Recusal Reform
Dmitry Bam – “Making Appearances Matter: Recusal and the Appearance of Bias
Debra Lyn Bassett & Rex Perschbacher – “The Elusive Goal of Impartiality
Debra Lyn Basset & Rex R. Perschbacher – “Perceptions of Justice: An International Perspective on Judge and Appearances
Chris Guthrie, Jeffrey Rachlinski, & Andrew Wistrich – “Judging by Heuristic: Cognitive Illusions In Judicial Decision Making
Stephen Choi & G. Mitu Gulati – “Bias in Judicial Citations: A Window Into the Behavior of Judges?

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