Autumn 2016 - Volume 100 Number 3

Wooden door slightly ajar

Access to Affordable Justice: A Challenge to the Bench, Bar, and Academy

by Neil M. Gorsuch

Autumn 2016 | Volume 100 Number 3

Most everyone agrees that in the American civil justice system many important legal rights go unvindicated, serious losses remain uncompensated, and those called on to defend their conduct are often […]

Who appointed me God? Reflections of a Judge on Criminal Sentencing

by Timothy J. Corrigan

Autumn 2016 | Volume 100 Number 3

In my 14 years as a federal district judge, I estimate that I have sentenced well over 2,000 individuals.1 Sentencing is the most multifaceted, emotional, and challenging task a judge […]

An Uphill Battle: How China’s obsession with social stability is blocking judicial reform

by Peter C.H. Chan

Autumn 2016 | Volume 100 Number 3

During the past three years, China has proclaimed a judicial reform campaign that aims to follow the “rule by law” (yifa zhiguo) in civil dispute resolutions. In delivering the 2014 […]

Picking Up Where Aerospatiale Left Off: Merits-Based Discovery, Foreign Parties, And Uncertain Personal Jurisdiction

by Daniel Mandell

Autumn 2016 | Volume 100 Number 3

It is now well established that a United States federal court may compel a foreign party challenging the court’s exercise of personal jurisdiction to engage in jurisdictional discovery pursuant to […]

Robert L. Carter’s Commitment to Justice

by James C. Francis IV

Autumn 2016 | Volume 100 Number 3

As an NAACP Lawyer, Robert L. Carter litigated countless milestone cases, including Brown v. Board of Education. He was such a passionate voice for civil rights that it might appear incongruous […]

Up, Down, All Around

by William Raftery

Autumn 2016 | Volume 100 Number 3

Legislative proposals to change state supreme court compositions gaining popularity The last decade has seen a dramatic uptick in legislative efforts to change the composition of state courts of last […]

The Fluidity of Judicial Coalitions

by Frank Sullivan Jr., Nicholas L. Georgakopoulos and Dimitris Georgakopoulos

Autumn 2016 | Volume 100 Number 3

A surprising look at coalitions within the supreme courts of the United States and Indiana In June 2001, the United States Supreme Court decided three closely watched deportation cases by […]

Labrier an example of new proportionality rules at work

by Lauren Sanders

Autumn 2016 | Volume 100 Number 3

In December 2015, the amendments to Federal Rule of Civil Procedure 26(b) took effect. These amendments, highlighted in Judicature’s Winter 2015 issue, moved the proportionality provisions from Rule 26(b)(2)(C)(iii), as a limit on discovery, […]

Federal Judges and Public Attention

by D. Brock Hornby

Autumn 2016 | Volume 100 Number 3

{THE CAST OF CHARACTERS} Federal courts law professor LANG FELL Federal circuit judge COAR DAPPEL Federal district judge NIELSEN PRIUS Federal bankruptcy judge CHIP TERLEVEN Federal magistrate judge MADGE STRAIT Federal trial lawyer TALAGUD STOREY Federal […]

Plausibly a plus? Two attorneys discuss the Twiqbal effect

by Daniel Bean and Roy Altman

Autumn 2016 | Volume 100 Number 3

It has been more than five years since the Supreme Court set a new pleading standard with landmark decisions in Bell Atlantic v. Twombly in 2007 and Ashcroft v. Iqbal in 2009. Since Twiqbal, as […]

Book Review: Madison’s Music

by Melissa Hart

Autumn 2016 | Volume 100 Number 3

In Madison’s Music: On Reading the First Amendment, Burt Neuborne, the Inez Milholland Professor of Civil Liberties and the founding legal director of the Brennan Center for Justice at NYU Law School, […]

A China Diary: Judicature 1984

by George Williams

Autumn 2016 | Volume 100 Number 3

On May 21, 1984, a 36-member delegation from the American Judicature Society left for a two-week visit to the People’s Republic of China. The trip was sponsored by People to People, […]

Crossing the line? Recent ethics cases show that the line between personal and judicial conduct can be blurred

by Cynthia Gray

Autumn 2016 | Volume 100 Number 3

Not all extrajudicial conduct on which the public may frown has been considered sanctionable in judicial discipline proceedings; after all, as Robert Louis Stevenson wrote in The Strange Case of Dr. […]

From the Editor in Chief: Virginia Baker Norton

by Virginia Baker Norton

Autumn 2016 | Volume 100 Number 3

Judge Norton is pictured above and at right with fellow 2016 graduates of Duke’s judicial studies LL.M. program. Left to right: Judges Donald Molloy, Robert Morris, Norton, and Julia Prahl. In […]

Judicial Honors: Autumn 2016

by Judicature Staff

Autumn 2016 | Volume 100 Number 3

JAMES F. REITZ, a judge on the Putnam County Court in New York, was celebrated at the Patterson Rotary Club’s “Men Who Cook” fundraiser for his efforts to make Putnam […]

Fixing Discovery: The Judge’s Job

by James G. Carr

Autumn 2016 | Volume 100 Number 3

Editors Note: The following is an excerpt of an article that first appeared in ABA Litigation, Vol. 38 No. 4 (2012). In it, Judge James G. Carr responded to major pleading […]

Table of Contents

by Judicature Staff

Autumn 2016 | Volume 100 Number 3

Features AN UPHILL BATTLE: HOW CHINA’S OBSESSION WITH SOCIAL STABILITY IS BLOCKING JUDICIAL REFORM Peter C.H. Chan WHO APPOINTED ME GOD? REFLECTIONS OF A JUDGE ON CRIMINAL SENTENCING Timothy J. […]