Courting the voters; free speech rulings allow judicial candidates to speak out on issues, despite ethical canons

Article Abstract:

Litigation by judicial candidates accused of improper campaigning which invalidated the judicial conduct rules on free speech grounds is discussed. Advocates of such restrictions argue no-holds-barred campaigning will erode public confidence in the judiciary.

Standards, Freedom of speech, Political aspects, Judicial ethics, Judicial selection

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Recess for diversity? Parents challenge race-based magnet school policies

Article Abstract:

Suits challenging school diversity policies are one expression of the backlash against affirmative action going on across the US. The first wave of this movement came in higher education with Hopwood v. Texas, in which the University of Texas law school was barred from the use of race as an admissions criterion. Eisenberg v. Montgomery County Board of Education, pending in the United States Court of Appeals for the 4th Circuit, is part of the second wave and is trying to overturn the school diversity policies of five states within its jurisdiction.

Affirmative action, Public opinion, Discrimination in education, Educational discrimination

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Strange advocacy; court to say whether no-merits briefs violate defendants' right to counsel

Article Abstract:

The decision of the United States Court of Appeals for the 9th Circuit in 1967 that a habeas corpus decision ruling that a no-merits brief filed by appointed counsel for his client was a violation of the defendant's right to counsel and similar criminal law cases filed since are discussed. Robbins v. Smith, a 1998 3d Crcuit ruling, analyzes the same issue and is also discussed.

Interpretation and construction, Criminal procedure, Briefs, Legal briefs

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