When The Court Takes A Recess

Justice Takes a Recess examines why and under what circumstances presidents use the recess appointment power to appoint judges to the Federal courts. The authors show that the use of the recess power upsets the carefully calculated separation of powers envisioned by the Framers, shifting power away from one branch of government towards another.

The Constitution allows the president to "fill up all Vacancies that may happen during the Recess of the Senate, by granting Commission which shall expire at the End of their next Session." This book addresses how presidents have used recess appointments over time and whether the independence of judicial recess appointees is compromised. The authors examine every judicial recess appointment from 1789 to 2005 and conclude that the recess appointment clause, as it pertains to the judiciary, is no longer necessary or desirable. They argue that these appointments can upset the separation of powers envisioned by the framers, shifting power from one branch of government to another. The strategic use of such appointments by strong presidents to shift judicial ideology, combined with the lack of independence exhibited by judicial recess appointments, results in recess power that threatens constitutional features of the judicial branch. Book jacket.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.