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 […]

Point Counterpoint

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 […]

Person marking paper with red pen

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 […]

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 […]

Gavel depicted from gold coins

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 […]

Picture of Chief Justice Roberts, Justice Ginsburg, and David F. Levi holding an award

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, […]

Woman holding up iPhones falling in a domino effect

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 […]

"Nino and Me" book cover

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 […]

Magnifying glass over stylized picture of graphs and charts

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 […]

Judges and Stress written with string unraveling from ball of yarn

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 […]

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. […]

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 […]

Old spectacles and ink pen on paper surface under beam of light

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 […]

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 […]

Sketch of Supreme Court Justices eating lunch together

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 […]

Burns Ellen Bree headshot

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 […]