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17 Nov 2011, 9:06 am by jpfaff
”] The first sentence is quote from Withrow v Larkin, and thus it could be seen as Roberts relying on precedent. [read post]
14 Nov 2011, 9:19 am by jpfaff
The standard they adopt appears to be grounded in psychology: citing Withrow v Larkin, they state that a conflict of interest requires recusal if "under a realistic appraisal of psychological tendencies and human weakness, the interest poses such a risk of acutal bias or prejudgment that the practice must be forbidden if the guaranteeof due process is to be adequately implemented. [read post]