Introduction

Mark Kantor on OGEMID: The U.S. Supreme Court heard oral argument on March 3rd 2009 in the case of Caperton v. AT Massey, addressing whether the Due Process Clause of the U.S. Constitution sets a bias standard for judges in U.S. State courts. If petitioners succeed in the case, the decision could prevent an elected State court judge from sitting in a dispute where one of the litigants contributed to that judge's election campaign. As explained below, this case also has indirect implications for the conflicts standard applicable to arbitrators in the U.S. Caperton v. AT ...