Batons Passed, Momentum Continues

Greetings from the Bolch Judicial Institute at Duke Law School, where I have joined the remarkable team that brings you Judicature, among other signature initiatives dedicated to safeguarding justice and securing our future. I am humbled and energized as I step into the shoes of my dynamic predecessor, retired federal judge Paul W. Grimm (Duke MJS’16), who served with distinction as the Institute’s director and Judicature publisher for the last three years. Paul embodies the Bolch mission of bettering humankind through the study and promotion of the rule of law. He has been — and will continue to be — an important voice in protecting, defending, and uplifting the judiciary as the essential third branch in our constitutional republic. Thank you, Paul!

I am not alone as a newcomer. New Jersey Supreme Court Justice Douglas M. Fasciale (Duke MJS’23) recently succeeded U.S. District Judge Robin L. Rosenberg (Duke JD/MA’89) as chair of Judicature’s editorial board. Justice Fasciale has accepted this role with enthusiasm, clear vision, and wonderful suggestions for future editions. We look forward to working with him to shape more of the thoughtful and timely content you have come to expect from us. We thank Judge Rosenberg for her service and for remaining a valued member of the editorial board, even as she has taken the reins as director of the Federal Judicial Center.

As always, this issue of Judicature covers a range of important topics for all those who care about the courts and the rule of law. One article explores practices and norms that contribute to respect for the courts and among judicial colleagues with differing views on the D.C. Circuit Court of Appeals, the nation’s “second highest court.” Others provide suggestions for the art and practice of judging at all levels, from the treatment of disfavored precedent by the U.S. Supreme Court, to handling mixed questions of law and fact in the trial court, to methods for understanding bias to better evaluate evidence generated using artificial intelligence. For one particularly poignant article, U.S. District Judge Esther Salas (our 2024 Lemkin Medal recipient) hosted Duke Law student Emily Bass in her courtroom to observe the judge’s deployment of trauma-informed practices, the subject of important field work and scholarly endeavor over recent years by Bolch Assistant Director and Articles Editor Amelia Ashton Thorn. Given our ongoing interest in international rule of law news, we feature a discussion with scholars about recent judicial reforms in Mexico, drawing out some cautionary notes. And we conclude our celebration of Judicature’s 10th anniversary with more favorites from the archives. Enjoy!

In closing, thank you to all our authors for this impressive issue and our student research assistants for their good support. And special thanks to Bolch Deputy Director and Judicature Executive Editor Melinda Myers Vaughn, Managing Editor Michelle Kaminsky, and Amelia Ashton Thorn. Judicature’s excellence reflects their keen insights and good instincts, and their dedication and professionalism. Please let us know what you think of this issue, and feel free to share ideas for future issues as well!