Scholarly Commons @ UNLV Boyd Law Scholarly Works Faculty Scholarship 2009 Playing Forty Questions: Responding to Justice Roberts' Concerns in Caperton and Some Tentative Answers About Operationalizing Judicial Recusal and Due Process Jeffrey W. Stempel University of Nevada, Las Vegas -- William S. Boyd School of Law Follow this and additional works at: https://scholars.law.unlv.edu/facpub Part of the Civil Procedure Commons, and the Judges Commons Recommended Citation Stempel, Jeffrey W., "Playing Forty Questions: Responding to Justice Roberts' Concerns in Caperton and Some Tentative Answers About Operationalizing Judicial Recusal and Due Process" (2009). Scholarly Works. 234. https://scholars.law.unlv.edu/facpub/234 This Article is brought to you by the Scholarly Commons @ UNLV Boyd Law, an institutional repository administered by the Wiener-Rogers Law Library at the William S. Boyd School of Law. For more information, please contact
[email protected]. PLAYING FORTY QUESTIONS: RESPONDING TO JUSTICE ROBERTS'S CONCERNS IN CAPERTON AND SOME TENTATIVE ANSWERS ABOUT OPERATIONALIZING JUDICIAL RECUSAL AND DUE PROCESS Jeffrey W. Stempel* I. INTRODUCTION The Chief Justice of the United States would probably have excelled as a negative debater in high school forensics competitions.' Good negative * Doris S. & Theodore B. Lee Professor of Law, William S. Boyd School of Law, University of Nevada Las Vegas. Thanks to Janette Bloom, Bill Boyd, Scott Ginger, George Kuhlman, Doris Lee, Ted Lee, Bill Maupin, Ann McGinley, Reed McGinley-Stempel, Jim Rogers, Tuan Samahon, John White, and the members of Nevada's Judicial Code Commission for ideas and inspiration on this topic and for continuing support. I hasten to add that this Article represents only my views of the judicial disqualification issues presented by Caperton.