New book by Larry Connors Click here Improve your trading - See how
After Brent Benjamin was elected to the West Virginia Supreme Court of Appeals with Blankenship's help, he twice joined a 3-2 majority in overturning a $50 million judgment against Massey. A jury had awarded the money to the owner of a competing company who alleged Massey had used fradulent business practices to drive the company into oblivion. The company, Harman Mining, had asked Benjamin to recuse himself. He refused.
It has long been accepted that due process requires a judge to step aside if he has a clear conflict of interests in a case before him. A narrow majority on the U.S. Supreme Court has ruled that the facts in Blankenship's case were so extreme they rose to the level of unconstitutionality.
The case raises questions about the interplay between democracy and the judiciary. Politicians are expected to fight for the interests of their constituents. Judges must serve higher values, including constitutional law and abstract notions of justice.
The ruling does not address broader questions about the wisdom of electing judges, which 38 states do in some form or another. Even absent the campaign-finance angle, popular election may make it harder for judges to oppose the tyranny of the majority when they are, after all, beholden to the majority. Legislative appointment, on the other hand, may raise questions of partiality in other ways -- as it has time and again in Virginia.
No system will produce perfection. But some are better than others. The impartial application of justice benefits from being insulated against the tempests of partisan politics and populist passions. In Virginia, we long have advocated for an independent commission that would make merit-based nominations to the bench for legislative approval. Perhaps the Massey case will lead other states to consider the virtues of such a system as well.
To see more of the Richmond Times-Dispatch, or to subscribe to the newspaper, go to http://www.timesdispatch.com. Copyright (c) 2009, Richmond Times-Dispatch, Va. Distributed by McClatchy-Tribune Information Services. For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.
More News:
Market Updates |
Stock Alerts |
All Trading News |
Stock Index
About TradingMarkets | Contact | Advertise | Careers | Link to Us | Site Map | Help | Terms & Conditions | Privacy Policy | Return Policy | Testimonials | Feedback
The Connors Group, Inc. ("Company") is not an investment advisory service, nor a registered investment advisor or broker-dealer and does not purport to tell or suggest which securities or currencies customers should buy or sell for themselves. The analysts and employees or affiliates of Company may hold positions in the stocks, currencies or industries discussed here. You understand and acknowledge that there is a very high degree of risk involved in trading securities and/or currencies. The Company, the authors, the publisher, and all affiliates of Company assume no responsibility or liability for your trading and investment results. Factual statements on the Company's website, or in its publications, are made as of the date stated and are subject to change without notice.
It should not be assumed that the methods, techniques, or indicators presented in these products will be profitable or that they will not result in losses. Past results of any individual trader or trading system published by Company are not indicative of future returns by that trader or system, and are not indicative of future returns which be realized by you. In addition, the indicators, strategies, columns, articles and all other features of Company's products (collectively, the "Information") are provided for informational and educational purposes only and should not be construed as investment advice. Examples presented on Company's website are for educational purposes only. Such set-ups are not solicitations of any order to buy or sell. Accordingly, you should not rely solely on the Information in making any investment. Rather, you should use the Information only as a starting point for doing additional independent research in order to allow you to form your own opinion regarding investments. You should always check with your licensed financial advisor and tax advisor to determine the suitability of any investment.
HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING AND MAY NOT BE IMPACTED BY BROKERAGE AND OTHER SLIPPAGE FEES. ALSO, SINCE THE TRADES HAVE NOT ACTUALLY BEEN EXECUTED, THE RESULTS MAY HAVE UNDER- OR OVER-COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.
The Connors Group, Inc.
10 Exchange Place, Suite 1800
Jersey City, NJ 07302
© Copyright 2009 The Connors Group, Inc.
