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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).
  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).

  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).