PublisherThe University of Arizona.
RightsCopyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author.
AbstractThe American legal system requires a fair and impartial judiciary. This much is common ground. The manner in which to ensure judicial neutrality is the subject of much more debate. This essay explores one mechanism for preserving such neutrality—judicial recusal. The case of Caperton v. A.T. Massey Coal Co. will serve as a vehicle for exploring the difficult issues raised by a constitutional recusal requirement. Normative resolutions to the problems posed by such a requirement will be offered, while accepting that there may be other, more appropriate, ways to achieve the goal of judicial neutrality.
Degree ProgramHonors College