You are here

Recusal: Analysis of Case Law Under 28 U.S.C. 455 & 144 [Superseded]

Alan Hirsch
January 1, 2002

This monograph offers a synthesis and analysis of the case law under 28 U.S.C. 455 and 144 to assist judges in ruling on recusal. After providing a history of Section 455, the monograph identifies the core principles and recurring issues in the voluminous case law and examines, in representative cases, how the courts of appeals have applied these principles. The monograph also covers the application of Section 144 and Section 47, and goes into detail on issues such as timeliness of motions, recusal in bench trials, standing, and the Rule of Necessity.

Superseded by Judicial Disqualification: An Analysis of Federal Law, Second Edition (2010).