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Faculty Publications

Charles Gardner Geyh
John F. Kimberling Professor of Law
  1. The American Judicature Society and Judicial Independence: Reflections at the Century Mark, 96 JUDICATURE 257 (2013). [HeinOnline]
  2. The Dimensions of Judicial Impartiality, 65 FLORIDA LAW REVIEW 493 (2013). [HeinOnline]
  3. JUDICIAL CONDUCT AND ETHICS, 5th Ed. (with J.J. Alfini, et.al.). New Providence, NJ: LexisNexis, 2013.
  4. UNDERSTANDING CIVIL PROCEDURE, 5th Ed. (with Gene R. Shreve, et.al.). New Providence, NJ: LexisNexis, 2013.
  5. Can the Rule of Law Survive Judicial Politics?, 97 CORNELL LAW REVIEW 191 (2012). [HeinOnline]
  6. Judicial Selection Reconsidered: A Plea for Radical Moderation, 35 HARVARD JOURNAL OF LAW & PUBLIC POLICY 623 (2012). [HeinOnline]
  7. Criticism and Speech of Judges in the United States, in JUDICIARIES IN COMPARATIVE PERSPECTIVE (H.P. Lee, Ed.). Cambridge: Cambridge University Press, 2011. [PDF]
  8. WHAT'S LAW GOT TO DO WITH IT?: WHAT JUDGES DO, WHY THEY DO IT, AND WHAT'S AT STAKE. Stanford, CA: Stanford University Press, 2011.

  9. Introduction, So What Does Law Have to Do with It?, in WHAT'S LAW GOT TO DO WITH IT?: WHAT JUDGES DO, WHY THEY DO IT, AND WHAT'S AT STAKE. (C.G. Geyh, Ed.). Stanford, CA: Stanford University Press, 2011.
  10. Why Judicial Disqualification Matters. Again., 30 REVIEW OF LITIGATION 671 (2011). [HeinOnline]
  11. The Choreography of Courts-Congress Conflicts, in THE POLITICS OF JUDICIAL INDEPENDENCE: COURTS, POLITICS, AND THE PUBLIC (B. Peabody, Ed.). Baltimore: Johns Hopkins University Press, 2011.
  12. JUDICIAL DISQUALIFICATION: AN ANALYSIS OF FEDERAL LAW, 2nd Ed. Washington D.C.: Federal Judicial Center, 2010.
  13. Judicial Elections in the Aftermath of White, Caperton, and Citizens United, 53 ADVOCATE 78 (2010). [HeinOnline]
  14. Judicial Selection, Judicial Disqualification, and the Role of Money in Judicial Campaigns, 42 MCGEORGE LAW REVIEW 85 (2010). [HeinOnline]
  15. REPORTERS' NOTES TO THE MODEL CODE OF JUDICIAL CONDUCT (with W. William Hodes). Chicago: American Bar Association, 2009.
  16. The Endless Judicial Selection Debate and Why It Matters for Judicial Independence, 21 GEORGETOWN JOURNAL OF LEGAL ETHICS 1259 (2008). [SSRN] [HeinOnline]
  17. Methods of Judicial Selection and Their Impact on Judicial Independence, 137 DAEDALUS 86 (2008). [Journal Website]
  18. Straddling the Fence Between Truth and Pretense: The Role of Law and Preference in Judicial Decision Making and the Future of Judicial Independence, 22 NOTRE DAME JOURNAL OF LAW, ETHICS & PUBLIC POLICY 435 (2008). [SSRN] [HeinOnline]
  19. Taking Disqualification Seriously (with Kathleen Lee), 92 JUDICATURE 12 (2008).
  20. WHEN COURTS AND CONGRESS COLLIDE: THE STRUGGLE FOR CONTROL OF AMERICA'S JUDICIAL SYSTEM, Paperback Ed. (with foreword by Justice Sandra Day O’Connor). Ann Arbor: University of Michigan Press, 2008.

  21. JUDICIAL CONDUCT AND ETHICS, 4th Ed. (with Jeffrey Shaman, et al.). Newark, NJ: LexisNexis, 2007.

  22. Preserving Public Confidence in the Courts in an Age of Individual Rights and Public Skepticism, in BENCH-PRESS: THE COLLISION OF COURTS, POLITICS, AND THE MEDIA (Keith J. Bybee, Ed.). Palo Alto: Stanford University Press, 2007.

  23. Roscoe Pound and the Future of the Good Government Movement, 48 SOUTH TEXAS LAW REVIEW 871 (2007). [SSRN] [HeinOnline]
  24. The State of the Onion: Peeling Back the Layers of America’s Ambivalence Toward Judicial Independence, 82 INDIANA LAW JOURNAL 1215 (2007). [SSRN] [HeinOnline]
  25. Book Review. The Judge in a Democracy, 42 TRIAL 70 (October 2006).
  26. Rescuing Judicial Accountability from the Realm of Political Rhetoric, 56 CASE WESTERN RESERVE LAW REVIEW 911 (2006) [SSRN] [HeinOnline]. Reprinted in JUDICIAL ACTIVISM: NEED FOR REFORMS (A. Krishna Kumari, Ed.). Hyderabad: ICFAI University Press, 2008.

  27. Save the Judges (with William Sessions), THE LEGAL TIMES (July 24, 2006).
  28. Voters: Keep Judge Decision in Your Hands, THE INDIANAPOLIS STAR (January 26, 2006).
  29. WHEN COURTS AND CONGRESS COLLIDE: THE STRUGGLE FOR CONTROL OF AMERICA'S JUDICIAL SYSTEM. Ann Arbor: University of Michigan Press, 2006.

  30. Why Courts and Congress Collide, and Why their Conflicts Subside, 7 INSIGHTS ON LAW AND SOCIETY 7 (Fall 2006).

  31. Judges, Not Pawns, NEWSDAY (April 10, 2005).
  32. The Judgment of the Boss on Bossing the Judges: Bruce Springsteen, Judicial Independence, and the Rule of Law, 14 WIDENER LAW JOURNAL 885 (2005). [SSRN] [HeinOnline]

  33. Are Judges Who Borrow From Lawyers’ Briefs Committing Plagiarism?, THE PRUDENT JURIST (November/December 2003)
  34. JUSTICE IN JEOPARDY: REPORT OF THE COMMISSION ON THE 21ST CENTURY JUDICIARY. Chicago: American Bar Association, 2003.

  35. Rethinking Judicial Elections, BILL OF PARTICULARS 5 (Spring 2003).

  36. Why Judicial Elections Stink, 64 OHIO STATE LAW JOURNAL 43 (2003). [HeinOnline]

  37. Judicial Independence, Judicial Accountability, and the Role of Constitutional Norms in Congressional Regulation of the Courts, 78 INDIANA LAW JOURNAL 153 (2003). [SSRN] [HeinOnline]

  38. Customary Independence, in JUDICIAL INDEPENDENCE AT THE CROSS-ROADS: AN INTERDISCIPLINARY APPROACH (Stephen B. Burbank and Barry Friedman, Eds.). Thousand Oaks, CA: Sage Publications, 2002.

  39. Judicial Independence and Accountability, in THE IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE, 7th Ed. (Gordon M. Griller and E. Keith Stott, Eds.). Chicago: American Bar Association, 2002.

  40. REPORT OF THE COMMISSION ON PUBLIC FINANCING OF JUDICIAL CAMPAIGNS. Chicago: American Bar Association, 2002.

  41. Publicly Financed Judicial Elections: An Overview, 34 LOYOLA OF LOS ANGELES LAW REVIEW 1467 (2001). [HeinOnline]

  42. Defending Justice: The Courts, Criticism and Intimidation, in UNCERTAIN JUSTICE: POLITICS AND AMERICA’S COURTS: THE REPORTS OF THE TASK FORCES OF CITIZENS FOR INDEPENDENT COURTS. New York: Century Foundation Press, 2000.

  43. JUDICIAL CONDUCT AND ETHICS, 2004 SUPPLEMENT (with Stephen Lubet and James Alfini). Charlottesville, VA: Lexis Law, 2000.

  44. The Independence of the Judicial Branch in the New Republic (with Emily Field Van Tassel), 74 CHICAGO-KENT LAW REVIEW 31 (1998). [HeinOnline]

  45. Book Review. Courts, Congress, and the Constitutional Politics of Interbranch Restraint, Katzmann, Courts and Congress, 87 GEORGETOWN LAW JOURNAL 243 (1998). [HeinOnline]

  46. Book Review. Gravelitis Misdiagnosed, Boot, Out of Order: Arrogance, Corruption, and Incompetence on the Bench, 82 JUDICATURE 42 (July-August 1998).

  47. AN INDEPENDENT JUDICIARY: REPORT OF THE COMMISSION ON SEPARATION OF POWERS AND JUDICIAL INDEPENDENCE. Washington, DC: American Bar Association, 1997.

  48. Paradise Lost, Paradigm Found: Redefining the Judiciary’s Imperiled Role in Congress, 71 NEW YORK UNIVERSITY LAW REVIEW 1165 (1996). [HeinOnline]

  49. Highlighting a Low Point on a High Court: Some Thoughts on the Removal of Pennsylvania Supreme Court Justice Rolf Larsen and the Limits of Judicial Self-Regulation, 68 TEMPLE LAW REVIEW 1041 (1995). [HeinOnline]

  50. Overcoming the Competence/Credibility Paradox in Judicial Impact Assessment: The Need for an Independent Office of Interbranch Relations, in CONFERENCE ON ASSESSING THE EFFECTS OF LEGISLATION ON THE WORKLOAD OF THE COURTS: PAPERS AND PROCEEDINGS (A. Fletcher Mangum, Ed.). Washington, DC: Federal Judicial Center, 1995.

  51. Adverse Publicity as a Means of Reducing Judicial Decision-Making Delay: Periodic Disclosure of Pending Motions, Bench Trials and Cases Under the Civil Justice Reform Act, 41 CLEVELAND STATE LAW REVIEW 511 (1993). [HeinOnline]

  52. Informal Methods of Judicial Discipline, 142 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 243 (1993). [HeinOnline]

  53. Complex Litigation Reform and the Legislative Process, 10 REVIEW OF LITIGATION 401 (1991). [HeinOnline]

  54. Means of Judicial Discipline Other Than Those Prescribed by the Judicial Discipline Statute, in REPORT OF THE NATIONAL COMMISSION ON JUDICIAL DISCIPLINE AND REMOVAL. Washington, DC: National Commission on Judicial Discipline and Removal, 1993.

  55. The Case in Support of Legislation Facilitating the Consolidation of Mass Accident Litigation: A View from the Legislature (with Robert W. Kastenmeier), 73 MARQUETTE LAW REVIEW 535 (1990). [HeinOnline]

  56. The Regulation of Speech Incident to the Sale or Promotion of Goods and Services: A Multifactor Approach, 52 UNIVERSITY OF PITTSBURGH LAW REVIEW 1 (1990). [HeinOnline]

  57. The Testimonial Component of the Right Against Self-Incrimination, 36 CATHOLIC UNIVERSITY LAW REVIEW 611 (1987). [HeinOnline]

  58. Note. “It’s My Party and I’ll Cry If I Want To”: State Intrusions Upon the Associational Freedoms of Political Parties—Democratic Party of the United States v. Wisconsin ex rel. La Follette, 1983 WISCONSIN LAW REVIEW 211 (1983). [HeinOnline]