Vol. 104 No. 3 (2020-21) - Judges on the March

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The Collapse of Judicial Independence in Poland: A Cautionary Tale
by John Macy and Allyson K. Duncan
Vol. 104 No. 3 (2020-21) | Judges on the MarchIn late 2019, the Polish Sejm approved yet another law aimed at cabining the structure and function of the judiciary. The new law, popularly referred to as a “muzzle” law, empowers a disciplinary chamber to bring proceedings against judges for questioning the ruling party’s platform. The law allows the Polish government to fire judges, or cut their salaries, for speaking out against legislation aimed at the judiciary, or for questioning the legitimacy of new judicial appointees.

Getting Explicit About Implicit Bias
by Jeffrey Rachlinski, Andrew J. Wistrich and Bernice B. Donald
Vol. 104 No. 3 (2020-21) | Judges on the MarchTo better understand the effect of implicit bias in the courtroom, Judge Bernice Donald of the United States Court of Appeals for the Sixth Circuit talked with Professors Jeffrey Rachlinski and Andrew Wistrich of Cornell Law School.

Jury Trials in a Pandemic Age
by Robert J. Conrad Jr.
Vol. 104 No. 3 (2020-21) | Judges on the MarchThe foundation of our justice system is the jury trial. In criminal cases, the Sixth Amendment provides that “the accused shall enjoy the right to a speedy and public trial, […]

Judicial Security: Safeguarding Courts and Protecting Judges
by Judicature Staff
Vol. 104 No. 3 (2020-21) | Judges on the MarchEfforts to strengthen security for judges and their families took on new urgency this year in the wake of the horrific murder of U.S. District Court Judge Esther Salas’s son […]

Assessing Safety and Security Challenges in State Courts
by Mary Ellen Barbera and Joseph Baxter
Vol. 104 No. 3 (2020-21) | Judges on the MarchAs the number of reported incidents of courthouse violence has increased,1 awareness of the need to improve security in state courts has also grown. At the same time, courts have […]

Modernizing Security Measures to Protect Federal Judges and Their Families
by David McKeague
Vol. 104 No. 3 (2020-21) | Judges on the MarchOn the evening of July 19, 2020, United States District Judge Esther Salas was enjoying a playful moment with her son Daniel, who had just celebrated his 20th birthday. As […]

Contracting the Virus: Not If, But When
by David Slayton
Vol. 104 No. 3 (2020-21) | Judges on the MarchIn the early months of the COVID-19 outbreak, the Texas judiciary focused on its response to the global pandemic. The Office of Court Administration (OCA), the judicial branch agency tasked […]

In Memoriam: Ruth Bader Ginsburg
by M. Margaret McKeown, Stephen Breyer and Robert Katzmann
Vol. 104 No. 3 (2020-21) | Judges on the March“The longer you knew her, the more you liked her.” Shortly after I learned of Ruth’s passing, I thought: A great Justice; A woman of valour; A rock of righteousness; […]

The Zooming of Federal Civil Litigation
by Lee Rosenthal, Scott Dodson and Christopher L. Dodson
Vol. 104 No. 3 (2020-21) | Judges on the MarchTwo great forces are upon us. One is COVID-19, a highly infectious disease that has disrupted society around the globe.1 The other is the constant push of technological advancement, which […]

The ‘Duke’ of the Federal Court: Celebrating Gerald B. Tjoflat’s 50 Years as a Federal Judge
by Timothy J. Corrigan
Vol. 104 No. 3 (2020-21) | Judges on the MarchAs a card-carrying member of “the Union,” those of us fortunate to have served as law clerks to the Hon. Gerald Bard Tjoflat, I receive an annual letter from His […]

The Innovation and Limitations of Arbitral Courts
by Pamela K. Bookman
Vol. 104 No. 3 (2020-21) | Judges on the MarchIn recent years, governments from the state of Delaware to the Emirate of Dubai have created institutions specially designed to adjudicate transnational commercial disputes. These institutions are hybrids between courts […]

Reforming the Presidency: How Far is Far Enough?
by William G. Howell and Terry M. Moe
Vol. 104 No. 3 (2020-21) | Judges on the MarchDonald Trump will soon leave the White House. And when he does, Bob Bauer and Jack Goldsmith tell us, reform is in order. Trump’s attacks on institutions and political opponents, […]

On Names, Pronouns, and Paragraphing (PDF)
by Joseph Kimble
Vol. 104 No. 3 (2020-21) | Judges on the MarchLawsuits involve people. And rather than turn them into a disembodied “Plaintiff” and “Defendant,” opinions might better use their names. The opinions will be more direct and more human. (Of […]

Building Administrative Scaffolding in Small Courts: Experiences in the U.S. and Abroad
by Lilia Alvarez
Vol. 104 No. 3 (2020-21) | Judges on the MarchIn 2014, two years after graduating law school, I was appointed to serve as a municipal court judge in Guadalupe, Ariz.1 The town had the highest unemployment rate in Maricopa […]

Qualified Immunity: A Shield Too Big?
by Kyle Hawkins, Clark Neily, Fred Smith Jr. and Jay Schweikert
Vol. 104 No. 3 (2020-21) | Judges on the MarchJudicial doctrine is rarely the subject of public conversation. So it was once for qualified immunity, which rested for many centuries in a kind of lawyerly tomb — largely the […]

Court Communications for the Disinformation Age
by William Raftery
Vol. 104 No. 3 (2020-21) | Judges on the MarchAs communication tools evolve, it’s critical that courts understand how traditional and new media can be used, and on occasion misused, to communicate effectively with the public. Two recent publications […]

Empty Chairs
by Jennifer L. Behrens
Vol. 104 No. 3 (2020-21) | Judges on the MarchThe sudden deaths of United States Supreme Court Associate Justice Ruth Bader Ginsburg and Associate Justice Antonin Scalia ignited political firestorms regarding the appropriate timeline for confirming a new justice […]

How Courts Are Coping
by Don R. Willett
Vol. 104 No. 3 (2020-21) | Judges on the MarchFrom the Chair of the Editorial Board When 2020 debuted, the term “COVID-19” was not yet in the world’s lexicon. As 2020 winds down (finally!), the pandemic is omnipresent. The […]

Judicial Honors Fall/Winter 2020–21
by Emma Roberts
Vol. 104 No. 3 (2020-21) | Judges on the MarchJustice Michelle Keller of the Supreme Court of Kentucky received the Kentucky Bar Association’s Distinguished Judge Award. The award honors a judge who has made outstanding contributions to the legal […]

In This Edition (Table of Contents)
by Judicature Staff
Vol. 104 No. 3 (2020-21) | Judges on the MarchClick here to view and download the Table of Contents from the print edition.