Fall/Winter 2018 - Volume 102 Number 3

From the Editor in Chief: What the Law Commands

by Spencer D. Levine

Fall/Winter 2018 | Volume 102 Number 3

“If you’re going to be a good and faithful judge, you have to resign yourself to the fact that you’re not always going to like the conclusions you reach. If Continue Reading »

One for all: Are nationwide injunctions legal?

by Amanda Frost and Samuel Bray

Fall/Winter 2018 | Volume 102 Number 3

Nationwide injunctions have been much in the headlines in recent years. Since 2008, lower federal courts have issued dozens of injunctions to block government policies from being enforced not just Continue Reading »

Repairing Long Sentences

by Joseph Kimble

Fall/Winter 2018 | Volume 102 Number 3

The long, long sentence is legal writing’s oldest curse. You’ve probably seen even worse than the original sentence, but it’s still way too long (83 words). I offer three different Continue Reading »

From the Publisher: The Possibilities and Risks of Technology

by David F. Levi

Fall/Winter 2018 | Volume 102 Number 3

The cover of this edition of Judicature highlights an article, “Crowdsourcing and Data Analytics: The New Settlement Tools,” that proposes a novel use of technology for reducing the time and Continue Reading »

Perceptions of Bias: Do Campaign Contributions Create Public Perceptions of Judicial Bias?

by Thomas E. McClure

Fall/Winter 2018 | Volume 102 Number 3

In a number of cases, the Illinois Supreme Court suspended the licenses of lawyers who had loaned money directly to the trial judge who was hearing their clients’ cases. They Continue Reading »

A Friendly Award: Chief Justice Roberts Presents Justice Ginsburg with The Henry J. Friendly Medal at the 2018 ALI Annual Meeting

by Judicature Staff

Fall/Winter 2018 | Volume 102 Number 3

At the annual meeting of the American Law Institute (ALI) in May, Chief Justice John G. Roberts, Jr., presented the Henry J. Friendly medal to his colleague on the Court, Continue Reading »

cellphones in courts, summer 2018

Cell Phones in Court: Court cell phone policies attempt to balance risks with litigants’ needs

by William Raftery and Deborah W. Smith

Fall/Winter 2018 | Volume 102 Number 3

A resolution adopted by the Conference of Chief Justices and Conference of State Court Administrators in August 2018 (Resolution 7) encourages courts to carefully review and assess their policies for Continue Reading »

Nino and Me

Supreme Collaboration: Fun stories plus useful advice for would-be coauthors

by Joe Boatwright

Fall/Winter 2018 | Volume 102 Number 3

Collaborative writing can be a delicate endeavor for many judges, especially when collaborating with someone who is not a judge. Bryan Garner’s newest book, Nino and Me, offers not just Continue Reading »

Data Validation - Summer 2018

Data Validation: A crucial step toward controlling and understanding your data

by George Socha and Saaya Shah

Fall/Winter 2018 | Volume 102 Number 3

We all know the volume of data in litigation — particularly email data — continues to grow rapidly, with no sign of abating. That growth is forcing litigants to come Continue Reading »

Judges and Stress

Judges and Stress: An Examination of Outcomes Predicted by the Model of Judicial Stress

by Brian H. Bornstein, Charles P. Edwards, Jenny Reichert and Monica K. Miller

Fall/Winter 2018 | Volume 102 Number 3

Judges are tasked with administering justice and upholding the rights of everyone in accordance with the Constitution.1 The challenges associated with having to decide the fate of others, coupled with Continue Reading »

Guidance on New Rule 23 Class Action Settlement Provisions

by Judicature Staff

Fall/Winter 2018 | Volume 102 Number 3

Executive Summary Developed and published by the Bolch Judicial Institute of Duke Law School November 2018 ON DEC. 1, 2018, AMENDMENTS TO FEDERAL RULE OF CIVIL PROCEDURE 23 TAKE EFFECT. Continue Reading »

A crowd of people

Crowdsourcing and Data Analytics: The New Settlement Tools

by Bernard Chao, Christopher Robertson and David Yokum

Fall/Winter 2018 | Volume 102 Number 3

By protecting the right to a jury, the state and federal constitutions recognize the fundamental value of having civil and criminal disputes resolved by laypersons. Actual trials, however, are relatively Continue Reading »


Ghosting: The Courts’ Views on Ghostwriting Ethics Are Wildly Divergent. It’s Time to Find Uniformity and Enhance Access to Justice

by Jona Goldschmidt

Fall/Winter 2018 | Volume 102 Number 3

Since the mid-1990s, advocates for increased access to justice have touted unbundled (or limited-scope, or discrete-task) legal services as a means of distributing legal services to those unable to afford Continue Reading »

melted ice cream

Clerking to Excess? The Case Against Second (and Third and Fourth) Clerkships

by Gregg Costa

Fall/Winter 2018 | Volume 102 Number 3

There can be too much of a good thing. We know that’s true for food and drink, but we haven’t yet realized it’s also true for judicial clerkships. There has Continue Reading »

Table for Nine

by Clare Cushman

Fall/Winter 2018 | Volume 102 Number 3

Food traditions have always been important at the Supreme Court, as the justices have purposefully sought occasions to break bread together to reinforce cordiality and cooperation. Their most important culinary Continue Reading »

Burns-Ellen Bree

Pioneer Women: Ellen Bree Burns and Joan Glazer Margolis

by Sarah A.L. Merriam

Fall/Winter 2018 | Volume 102 Number 3

As an attorney practicing law in, and then a magistrate judge serving on the bench of, the District of Connecticut, I have had the good fortune to learn from many Continue Reading »