Vanderbilt Law Review Roundtable considers Williams-Yulee v. The Florida Bar, which is to be argued before the Supreme Court during the week of Jan. 19, 2015.
The Roundtable features multiple citations to the scholarship of Professor James Sample.
The Jekyll and Hyde of First Amendment Limits on the Regulation of Judicial Campaign Speech (PDF) · Charles Gardner Geyh · 68 VAND. L. REV. EN BANC 83 (2015).
52. In an insightful article, James Sample notes how, in Caperton v. Massey Coal Company, 556 U.S. 868 (2009), the majority implicitly defined campaign “contributions” differently (and more expansively) in judicial races than in political branch campaigns, which might allow for heightened regulation of independent expenditures qua “Caperton contributions.” James J. Sample, Democracy at the Corner of First and Fourteenth: Judicial Campaign Spending and Equality, 66 N.Y.U. ANN. SURVEY OF AM. L. 727, 756 (2010). Just as Sample differentiated between contributions and Caperton contributions, I am suggesting a correlative need to differentiate between candidates and judicial candidates.
Public Interest Lawyering & Judicial Politics: Four Cases Worth a Second Look in Williams-Yulee v. The Florida Bar (PDF) · Ruthann Robson · 68 VAND. L. REV. EN BANC 15 (2015).
40. See, e.g., James Sample, Supreme Court Recusal from Marbury to the Modern Day, 26 GEO. J. LEGAL ETHICS 95, 96–97 (2013) (arguing that while Chief Justice Roberts’s “relatively bare assertion that when it comes to disqualification, the Supreme Court is simply constitutionally and pragmatically different . . . is neither emotionally nor intellectually satisfying, in an imperfect world, his argument is also entirely correct”).
Williams-Yulee and the Inherent Value of Incremental Gains in Judicial Impartiality (PDF) · David W. Earley & Matthew J. Menendez · 68 VAND. L. REV. EN BANC 43 (2015).
1. See JAMES SAMPLE ET AL., THE NEW POLITICS OF JUDICIAL ELECTIONS 2000-2009, at 5 (2010), available at http://www.brennancenter.org/sites/default/files/legacy/JAS-NPJE-Decade-ONLINE.pdf, archived at http://perma.cc/GJ7F-96ZN
6. SAMPLE ET AL., THE NEW POLITICS OF JUDICIAL ELECTIONS 2000-2009, at 27 (2010), available at http://www.brennancenter.org/sites/default/files/legacy/JAS-NPJE-DecadeONLINE.pdf, archived at http://perma.cc/KT7T-SD4F
34. Letter from Justice Sandra Day O’Connor (Aug. 2010), in JAMES SAMPLE ET AL., THE NEW POLITICS OF JUDICIAL ELECTIONS 2000-09 (2010), available at http://www.brennancenter.org/sites/default/files/legacy/JAS-NPJE-Decade-ONLINE.pdf, archived at http://perma.cc/TGJ9-WNA8.