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Judicial Campaign Speech Symposium

The United States Supreme Court has under consideration the case of Republican Party of Minnesota v. Kelly, involving campaign statements made by state judges in the course of elections. A decision will presumably come any day.

The Conference of Chief Justices filed an amicus brief in this case, and a group of state chief justices, with the support of the National Center for State Courts, has embarked on efforts to address the problems created by big-money state judicial races.

In December 2000, Chief Justice Thomas Phillips of the Texas Supreme Court convened a National Summit on Improving Judicial Selection. This led to a "Call to Action" and various thoughtful papers by judges, practitioners, and academics. These are available at 34 Loyola L. Rev. 1353 (2001).

In November 2001, Chief Justice Shepard of the Indiana Supreme Court chaired a National Symposium on Judicial Campaign Conduct and the First Amendment. These papers will be published in Issue 3, Volume 35 of the Indiana Law Review, but it is still at the printers.

The papers from this symposium are posted here for additional scholarship on the subject matter.

 

INDIANA LAW REVIEW
Volume 35 No. 3

TABLE OF CONTENTS
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THE WAY FORWARD: LESSONS FROM THE NATIONAL SYMPOSIUM ON JUDICIAL CAMPAIGN CONDUCT AND THE FIRST AMENDMENT
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MYTH, REALITY PAST AND PRESENT, AND JUDICIAL ELECTIONS
ROY A. SCHOTLAND
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THE CANONS IN THE COURTS: RECENT FIRST AMENDMENT RULINGS
ROBERT M. O'NEIL
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JUDICIAL CAMPAIGN CONDUCT COMMITTEES: SOME RESERVATIONS ABOUT AN ELEGANT SOLUTION
STEVEN LUBET
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THE EFFECTS OF MEDIA-BASED CAMPAIGNS ON CANDIDATE AND VOTER BEHAVIOR: IMPLICATIONS FOR JUDICIAL ELECTIONS
SHANTO IYENGAR
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CONSTITUTIONAL ISSUES IN DISCLOSURE OF INTEREST GROUP ACTIVITIES
DEBORAH GOLDBERG and MARK KOZLOWSKI
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"IF ELECTED, I PROMISE [________]"- WHAT SHOULD JUDICIAL CANDIDATES BE ALLOWED TO SAY?
STEPHEN GILLERS

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RESTRICTIONS ON THE SPEECH OF JUDICIAL CANDIDATES ARE UNCONSTITUTIONAL
ERWIN CHEMERINSKY

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TELEVISION ADS IN JUDICIAL CAMPAIGNS
ANTHONY CHAMPAGNE
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PUBLIC FUNDS AND THE REGULATION OF JUDICIAL CAMPAIGNS
RICHARD BRIFFAULT
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A COMMENTARY ON PUBLIC FUNDS OR PUBLICLY FUNDED BENEFITS AND THE REGULATION OF JUDICIAL CAMPAIGNS
ILLIAN R. BEVIER
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COMPELLED DISCLOSURE OF INDEPENDENT POLITICAL SPEECH AND CONSTITUTIONAL LIMITATIONS
JAN WITOLD BARAN
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THOUGHTS ON THE DEMOCRATIC BASIS FOR RESTRICTIONS ON JUDICIAL CAMPAIGN SPEECH
ROBERT F. BAUER
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