Courting controversy: Judges and the problems caused by extrajudicial speech

<p>This paper explores the problems for judicial impartiality that a judge’s extrajudicial speaking or writing on academic matters may create. Examples from New Zealand and abroad demonstrate such extrajudicial commentary may lead to a finding of apparent bias or require that a judge recuse himself from hearing a case. The current regulation of extrajudicial speech, as ascertained from judicial conduct codes and case law, provides that judges can speak and write extrajudicially on such matters but must exercise caution in the tone and language they use. The paper concludes that this is an appropriate approach and that a solution of judicial silence is undesirable. This conclusion is supported by empirical research conducted by the author which shows that the incidence of extrajudicial writing in New Zealand is low.</p>

Courting controversy: Judges and the problems caused by extrajudicial speech

<p>This paper explores the problems for judicial impartiality that a judge’s extrajudicial speaking or writing on academic matters may create. Examples from New Zealand and abroad demonstrate such extrajudicial commentary may lead to a finding of apparent bias or require that a judge recuse himself from hearing a case. The current regulation of extrajudicial speech, as ascertained from judicial conduct codes and case law, provides that judges can speak and write extrajudicially on such matters but must exercise caution in the tone and language they use. The paper concludes that this is an appropriate approach and that a solution of judicial silence is undesirable. This conclusion is supported by empirical research conducted by the author which shows that the incidence of extrajudicial writing in New Zealand is low.</p>

Court theater

This chapter focuses on the creation of court theater under the reign of Tsar Aleksei. It looks at the forms of dramatic entertainment and considers some of the better-known repertory pieces. The creation of a theatrical vocabulary and stagecraft was a challenge that the Muscovite court met through the participation of a small and influential group of well-educated churchmen, including Polotsky, Rogovsky, and Prokopovich. Jesuit school theater, allegorical plots, and Biblical speeches were different ways of conveying messages sanctioned by the church and the tsar about moral behavior, conduct codes that prose tales more usually subverted. These modest steps toward creating a court theater fitted well into the assimilation of baroque techniques that featured stunning effect in poetry.

Sexual Misconduct on Campus: Compliance Problems with a Sexual Conduct Code for College Students and Potential Solutions

Background:The prevalence of unwanted sexual contact on college campuses is a well-documented problem. Sexual conduct codes have been adopted at most institutions, but very little empirical research has examined the content or effectiveness of these codes in relation to student behavior.Objective:We assessed compliance with the sexual conduct code at a large state university to evaluate the correspondence of sexual behavior and the requirements of the code.Methods:Two surveys were conducted to obtain information from students on their behavior in relation to each aspect of the sexual conduct code. The code at the target university requires that students verbally request and receive permission before initiating sexual conduct and eschew sexual conduct with persons who are under the influence of alcohol, prescription medications, or illegal drugs.Results:In both studies, majorities of sexually active men and women reported engaging in sexual conduct that violates the code, as well as having been the target of such behavior. Sexual activity under the influence of alcohol and without prior verbal consent were most prevalent. Men and women did not differ in the likelihood of violating the code or being a target of such violations.Conclusion:Our results identify problems in conduct codes in defining consent and sexual misconduct, and raise serious doubts about the efficacy of such conduct codes in influencing behavior or protecting students. We present potential solutions based on our results and information from conduct codes of other institutions.

Courting Controversy: The Problems Caused by Extrajudicial Speech and Writing

This article explores the problems for judicial impartiality that a judge's extrajudicial speaking or writing on legal matters may create. Examples from New Zealand and abroad demonstrate such extrajudicial commentary may lead to a finding of apparent bias or require that a judge recuse him or herself from hearing a case. The current regulation of extrajudicial speech, as ascertained from judicial conduct codes and case law, provides that judges can speak and write extrajudicially but must exercise caution in the tone and language they use. The article concludes that this is an appropriate approach and that the alternative of judicial silence is undesirable.