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A free press is not to be preferred to an independent judiciary, nor an independent judiciary to a free press. Neither has primacy over the other; both are indispensable to a free society. Despite the widely acknowledged principle that press freedom and judicial independence are indispensable elements of a democratic society, practical considerations have rendered it difficult for the two elements to co-exist. While free press rights guarantee a robust discussion of matters of public interest and concern, courts have the summary power to cite and punish persons for contempt on account of acts tending to obstruct or degrade the administration of justice. It is with the foregoing considerations in mind that this thesis seeks to test, by a balancing of interests, and study the limits of the two elements. The objective is to recommend a set of parameters that would help guide all concerned with the scope of the power of contempt with respect to publications and the duties of judges with respect to this matter.
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.
Explains when, why, and how citizens try to limit the Supreme Court's independence and power-- and why it matters.