Big Money and Impartial Justice: Can They Live Together?

Abstract

Many Americans believe that justice is for sale. Over the past decade, polling data has shown that a majority of Americans believe campaign contributions can tilt the scales of justice by influencing courtroom decisions. Two recent U.S. Supreme Court cases, Caperton v. A.T. Massey Coal Company and Citizens United v. Federal Election Commission, have once again drawn attention to this trend in public opinion and, in particular, to the influence of campaign contributions on judicial decision-making. This Article provides an overview of fundraising, spending, and advertising in judicial campaigns, discusses public confidence in the courts, and explores reform efforts to protect the impartiality of the judiciary.

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52 Ariz. L. Rev. 207 (2010)

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Authors

Bert Brandenburg (Justice at Stake Campaign)

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