You May Cast Your Ballot
Total Page：16
File Type：pdf, Size：1020Kb
Load more
Recommended publications
-
Giving Adequate Attention to Failings of Judicial Impartiality
Impeach Brent Benjamin Now!? Giving Adequate Attention to Failings of Judicial Impartiality JEFFREY W. STEMPEL* TABLE OF CONTENTS I. INTRODUCTION:M EN WITH NO REGRETS AND INADEQUATE CONCERN................... 2 II. CAPERTON V. MASSEY: JUDICIAL ERROR; WASTED RESOURCES; NEW CONSTITUTIONAL LAW—AND LIGHT TREATMENT OF THE PERPETRATOR ............................................................................................... 10 A. The Underlying Action............................................................................... 10 B. The 2004 West Virginia Supreme Court Elections..................................... 12 C. Review and Recusal ................................................................................... 13 D. The Supreme Court Intervenes .................................................................. 16 E. Caperton’s Test for Determining When Recusal Is Required by the Due Process Clause ........................................................................ 17 F. Comparing the “Reasonable Question as to Impartiality” Standard for Nonconstitutional Recusal Under Federal and State Law to the “Serious Risk of Bias” Standard for Constitutional Due Process Under Caperton....................................... 19 G. The Dissenters’ Defense of Justice Benjamin—And Defective Judging ...................................................................................... 25 H. Enablers: Reluctance To Criticize Justice Benjamin................................. 28 * © 2010 Jeffrey W. Stempel. Doris S. & Theodore B. Lee Professor -
Response, State Ex Rel. William K. Schwartz V. James Justice
IN THE SUPREME COURT OF APPEALS OF WEST No. 18-0789 STATE OF WEST VIRGINIA ex reI. WILLIAM K. SCHWARTZ, a registered voter in Kanawha County, West Virginia, Petitioner, v. THE HONORABLE]AMESJUSTICE, Governor ofWest Virginia; THE HONORABLE MAC WARNER, Secretary ofState ofWest Virginia; EVANJENKINS, real party in interest; and TIMARMSTEAD, real party in interest, Respondents VERIFIED RESPONSE TO COMBINED WRIT OF MANDAMUS AND WRIT OF PROIllBITION Counsel for Petitioner Counsel for Respondent Jenkins Teresa C. Toriseva Ancil G. Ramey wv Bar No. 6947 WV Bar No. 3013 Joshua D. Miller Steptoe &Johnson PLLC WV Bar No. 12439 P.O. Box 2195 Toriseva Law Huntington, WV 25722-2195 1446 National Road (304) 526-8133 Wheeling, WV 26003 [email protected] (304) 238-0066 [email protected] S. Paige Flanigan WV Bar No. 6015 Flanigan Law Office 1407 East Main Street Princeton, WV 24740 (304) 487-2338 [email protected] TABLE OF CONTENTS I. QUESTIONS PRESENTED .................................................................................... 1 II. STATEMENT OF THE CASE................................................................................ 3 III. SUMMARY OF ARGUMENT ................................................................................ 5 IV. STATEMENT REGARDING ORAL ARGUMENT AND DECISION................ 6 V. ARGUMENT A. STANDARD OF REVIEW.................................................................................... 6 B. BECAUSE RESPONDENT JENKINS HAs BEEN ADMITIED TO THE PRACTICE OF LAW IN THE STATE OF -
Power in the 2008 West Virginia Republican Presidential Convention Nora Kay Ankrom
Marshall University Marshall Digital Scholar Theses, Dissertations and Capstones 1-1-2011 Horse-Trading in Smoke-Filled Rooms: Power in the 2008 West Virginia Republican Presidential Convention Nora Kay Ankrom Follow this and additional works at: http://mds.marshall.edu/etd Part of the American Politics Commons Recommended Citation Ankrom, Nora Kay, "Horse-Trading in Smoke-Filled Rooms: Power in the 2008 West Virginia Republican Presidential Convention" (2011). Theses, Dissertations and Capstones. Paper 8. This Thesis is brought to you for free and open access by Marshall Digital Scholar. It has been accepted for inclusion in Theses, Dissertations and Capstones by an authorized administrator of Marshall Digital Scholar. For more information, please contact [email protected]. HORSE‐TRADING IN SMOKE‐FILLED ROOMS: POWER IN THE 2008 WEST VIRGINIA REPUBLICAN PRESIDENTIAL CONVENTION A Thesis submitted to the Graduate College of Marshall University In partial fulfillment of the requirements for the degree of Master of Arts Political Science by Nora Kay Ankrom Approved by Dr. Jamie Warner, Ph.D., Committee Chairperson Dr. George Davis, Ph.D. Dr. Jess Morrissette, Ph.D. Marshall University May 2011 Table of Contents List of Figures p. iii List of Appendices p. iv Abstract p. v Preface pp. 1-6 Introduction pp.7-23 Chapter One – History pp. 24-51 Chapter Two – Theoretical Perspectives pp. 52-78 Chapter Three – Three-Dimensional Power pp. 79-98 Chapter Four – Two-Dimensional Power pp. 99-112 Chapter Five – One-Dimensional Power pp. 113-120 Conclusions pp. 121-126 ii Figures Figure 1 – Republican Party Structure p. 27 Figure 2 – Timeline for the 2008 WVGOP Presidential Convention p. -
A Horse of a Different Color: Distinguishing the Judiciary from the Political Branches in Campaign Financing
Volume 115 Issue 1 Article 16 September 2012 A Horse of a Different Color: Distinguishing the Judiciary from the Political Branches in Campaign Financing Anthony J. Delligatti West Virginia University College of Law Follow this and additional works at: https://researchrepository.wvu.edu/wvlr Part of the Constitutional Law Commons, and the Election Law Commons Recommended Citation Anthony J. Delligatti, A Horse of a Different Color: Distinguishing the Judiciary from the Political Branches in Campaign Financing, 115 W. Va. L. Rev. (2012). Available at: https://researchrepository.wvu.edu/wvlr/vol115/iss1/16 This Student Work is brought to you for free and open access by the WVU College of Law at The Research Repository @ WVU. It has been accepted for inclusion in West Virginia Law Review by an authorized editor of The Research Repository @ WVU. For more information, please contact [email protected]. Delligatti: A Horse of a Different Color: Distinguishing the Judiciary from t A HORSE OF A DIFFERENT COLOR: DISTINGUISHING THE JUDICIARY FROM THE POLITICAL BRANCHES IN CAMPAIGN FINANCING' I. INTRODUCTION .............................................. 402 II. A HORSE OF A DIFFERENT COLOR: DISTINGUISHING THE JUDICIARY..406 A. Independentfrom Whom?.. ............................ 409 B. A BriefHistory ofJudicialSelection to State Courts ofLast Resort.........................................413 C. Republican Party of Minnesota v. White, the ABA Model Code ofJudicial Conduct, and Judges as (Non)Representatives............414 III. THE BUCKLEY PARADIGM OF CAMPAIGN FINANCE JURISPRUDENCE.... 422 A. DistinguishingCampaign Contributions and Expenditures..........423 B. The Compelling State InterestAgainst Corruptionand the Appearance of Corruption ..................... ...... 423 C. Away From Balancing, Toward Strict Scrutiny ........ ........ 425 D. Strict Scrutiny Should Not Apply to Judicial Campaign Speech ...426 IV. -
Impeach Brent Benjamin Now!? Giving Adequate Attention to Failings of Judicial Impartiality
Scholarly Commons @ UNLV Boyd Law Scholarly Works Faculty Scholarship 2010 Impeach Brent Benjamin Now!? Giving Adequate Attention to Failings of Judicial Impartiality 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 Constitutional Law Commons, and the Judges Commons Recommended Citation Stempel, Jeffrey W., "Impeach Brent Benjamin Now!? Giving Adequate Attention to Failings of Judicial Impartiality" (2010). Scholarly Works. 238. https://scholars.law.unlv.edu/facpub/238 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]. Impeach Brent Benjamin Now!? Giving Adequate Attention to Failings of Judicial Impartiality JEFFREY W. STEMPEL* TABLE OF CONTENTS I. INTRODUCTION: MEN WITH No REGRETS AND INADEQUATE CONCERN ............... 2 II. CAPERTON v. MASSEY: JUDICIAL ERROR; WASTED RESOURCES; NEW CONSTITUTIONAL LAW-AND LIGHT TREATMENT OF THE PERPETRATOR ............................................................................................ 10 A. The UnderlyingAction ........................................................................... 10 B. The 2004 West Virginia Supreme Court Elections................................. 12 C. Review andRecusal ............................................................................... 13 D. The -
Update on the Law, January 2010
UPDATE Martin & Seibert, L.C. S i n c e 1 9 0 8 ON THE LAW January 2010 /Vol. 17 No. 1 State Farm Policy Language Upheld Court Expands Service Methods.................... 2 Race Discrimination........................................2 #2 Judicial Hellhole.........................................3 In a case successfully litigated by this firm, the West Vir- Berger Confirmed............................................4 ginia Supreme Court found State Farm's auto policy language Webster Appointed..........................................4 Davis Appointed..............................................5 to be clear and unambiguous and not in contravention of the Casey Nominated............................................5 financial responsibility statute. In Blake, et al. v. State Farm Time for Service Expanded.............................6 Mut. Auto. Ins. Co., (No. 34725, W.Va., filed Nov. 2, 2009), the Ex-Wife Not Policyholder, no claim...............6 Direct Action Against Reinsurer......................6 Court upheld language in the policy which mirrors carve-outs Judge McCarthy Passes Away.........................7 in the financial responsibility statute concerning property in the Spoliation Claims Dismissed..........................7 care, custody, and control of the insured. State Farm’s insured, Insurance Question Certified...........................7 Defense Verdict Reversed...............................8 Blake, borrowed his neighbor's trailer. The trailer was not in- Medical Board Cautions...................................8 sured. -
Judicial Selection Reconsidered: a Plea for Radical Moderation
JUDICIAL SELECTION RECONSIDERED: A PLEA FOR RADICAL MODERATION CHARLES GARDNER GEYH* I. RETHINKING JUDICIAL INDEPENDENCE FOR COURTS INFLUENCED BY LAW AND POLITICS ........................................................625 II. THE IMPLICATIONS OF RETHINKING JUDICIAL INDEPENDENCE FOR JUDICIAL SELECTION .............................................629 III. ISOLATING CORE INDEPENDENCE PROBLEMS AND MARGINALIZING DISTRACTIONS .................631 A. The Re‐Selection Problem ............................634 B. The Campaign Finance Problem .................636 C. The Precommitment Problem......................636 IV. LOOKING FORWARD..............................................638 A. Re‐Selection Reform......................................639 B. Campaign Finance Reform ..........................640 C. Precommitment Reform ...............................641 CONCLUSION................................................................642 The judicial selection debate features a formidable list of seemingly unrelated issues that obscures the pivotal disagree‐ ment at the core of the dispute.1 Proponents of contested elec‐ * Associate Dean of Research and John F. Kimberling Professor of Law, Indiana University Maurer School of Law. I would like to thank Cristina Costa, Mike Metcalf, and Kelsey Shea for their research assistance 1. Such issues include: Which system selects judges who are more credentialed, more experienced, more diverse, or less likely to be disciplined? Are voters com‐ petent, informed, and interested enough to cast meaningful ballots -
Tilt.. Roriusrlcr II) P !II I J D
J, J;uness.mpk Ho"'," Un""'''itr Sch.oo1 rlo", , , Adom ~undJI1I ...bo BG...,. Banrum Cat"", lOr Jum:z,~t NYU School nfUw lind>. Co,",>, NotllJluJ In,titu.. R NAN a....... HaU. Ed'to. CENTE R Jlallia: at S",I", umpoitln .r .. tl",.. i>( tilt.. rORIUSrlCr II) p !II I J D. ., • About the Brennan Center For Justice BRENNAN The Brennan Center for Justice at New York University School of Law is a nonpartisan public policy and law institute that focuses on CENTER fundamental issues of democracy and justice. The Center’s work FOR JUSTICE includes voting rights, campaign finance reform, racial justice in criminal law and presidential power in the fight against terrorism. Part think tank, part public interest law firm, part advocacy group, the Brennan Center combines scholarship, legislative and legal advocacy, and communications to win meaningful, measurable change in the public sector. For more information, visit www.brennancenter.org. About the National Institute on Money in State Politics The National Institute on Money in State Politics collects, publishes, and analyzes data on campaign money in state elections. The database dates back to the 1990 election cycle for some states and is comprehensive for all 50 states since the 1999–2000 election cycle. The Institute has compiled a 50-state summary of state supreme court contribution data from 1989 through the present, as well as complete, detailed databases of campaign contributions for all state high-court judicial races beginning with the 2000 elections. For more information, visit www.followthemoney.org. About the Justice at Stake Campaign The Justice at Stake Campaign is a nonpartisan national partnership working to keep our courts fair, impartial and free from special-interest and partisan agendas. -
The New Politics of Judicial Elections 2000–2009: Decade of Change Published August 2010
About the Brennan Center For Justice The Brennan Center for Justice at New York University School of Law is a nonpartisan public policy and law institute that focuses on fundamental issues of democracy and justice. The Center’s work includes voting rights, campaign finance reform, racial justice in criminal law and presidential power in the fight against terrorism. Part think tank, part public interest law firm, part advocacy group, the Brennan Center combines scholarship, legislative and legal advocacy, and communications to win meaningful, measurable change in the public sector. For more information, visit www.brennancenter.org. About the National Institute on Money in State Politics The National Institute on Money in State Politics collects, publishes, and analyzes data on campaign money in state elections. The database dates back to the 1990 election cycle for some states and is comprehensive for all 50 states since the 1999–2000 election cycle. The Institute has compiled a 50-state summary of state supreme court contribution data from 1989 through the present, as well as complete, detailed databases of campaign contributions for all state high-court judicial races beginning with the 2000 elections. For more information, visit www.followthemoney.org. About the Justice at Stake Campaign The Justice at Stake Campaign is a nonpartisan national partnership working to keep our courts fair, impartial and free from special-interest and partisan agendas. In states across America, Campaign partners work to protect our courts through public education, grass-roots organizing and reform. The Campaign provides strategic coordination and brings organizational, communications and research resources to the work of its partners and allies at the national, state and local levels. -
Volume Special No 3 Election
KETCHUM, WORKMAN ENDORSED BY LABOR WV SUPREME COURT OF APPEALS RACE IMPORTANT FOR TRADES erhaps the most rary workers to avoid the bid- have to follow the law. McGraw in 2004. important state- ding requirement. Once the bid- Justices Joe Albright and Since then voters learned PwideP election this ding requirement was violated Larry Starcher disagreed. Blankenship enjoyed a very November is for two they in turn ignored the prevail- With a five person court it only close relationship with Justice seats on the West ing wage laws. takes three votes to get a ma- Elliot ‘Spike’ Maynard. Virginia Supreme According to three members jority. Pictures of them vacationing Court of Appeals. of the Court, Robin Davis, Brent Don Blankenship, CEO of together on the French Riviera Labor has endorsed Menis Benjamin and Elliot ‘Spike’ Massey Energy, spent millions of helped voters decide not to re- Ketchum and Margaret Work- Maynard, the County didn’t dollars to unseat Justice Warren elect Maynard last Spring. man for the twelve year terms. Recent negative decisions about the state bidding and pre- vailing wage law make the im- portance abundantly clear for construction workers. When tax dollars are in use, SPECIAL 2008 projects costing more than ELECTION EDITION $25,000 must be bid. This al- lows open competition and re- sults in a valuable protection to tax payers. Likewise the prevailing wage law is meant to provide commu- nities, contractors and workers a level playing field when com- peting on tax funded construc- A PUBLICATION OF tion projects. THE AFFILIATED The Supreme Court, in a 3 - CONSTRUCTION 2 decision, stopped the Division TRADES FOUNDATION of Labor from an enforcement CAMPAIGN SIGNS IN support of electing Menis Ketchum and Margaret Workman action in Tucker County.