Document Type
Article
Media Type
Text
Abstract
This note examines the United States Supreme Court's decision in Liteky v. United States, in which the Court found that intrajudicial matters are not a proper basis for recusal under the primary piece of federal judicial disqualification legislation, 28 U.S.C. § 455(a). The author argues that the Liteky Court should have utilized the test provided in § 455(a), whether the judge's impartiality "might reasonably be questioned." By focusing on the presence of an extrajudicial source factor in determining when judges should recuse themselves, the author suggests the Court ignores several pressing policy concerns.
First Page
411
Last Page
432
Publication Date
5-1-1995
Department
College of Law
ISSN
0734-1490
Language
eng
Publisher
Northern Illinois University Law Review
Recommended Citation
Flaherty, Shawn P.
(1995)
"Liteky v. United States: The Entrenchment of an Extrajudicial Source Factor in the Recusal of Federal Judges Under 28 U.S.C. § 455(a),"
Northern Illinois University Law Review: Vol. 15:
Iss.
2, Article 5.
Suggested Citation
Shawn P. Flaherty, Note, Liteky v. United States: The Entrenchment of an Extrajudicial Source Factor in the Recusal of Federal Judges Under 28 U.S.C. § 455(a), 15 N. Ill. U. L. Rev. 411 (1995).
