Fall/Winter 2020–21 - Volume 104 Number 3

The Collapse of Judicial Independence in Poland: A Cautionary Tale

by Allyson K. Duncan and John Macy

Fall/Winter 2020–21 | Volume 104 Number 3

In 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 Bernice B. Donald, Jeffrey Rachlinski and Andrew J. Wistrich

Fall/Winter 2020–21 | Volume 104 Number 3

A properly functioning brain recognizes certain patterns and even makes generalizations about what it observes. But these same brain processes also can lead to overgeneralization and discrimination via “implicit bias,” […]

Jury Trials in a Pandemic Age

by Robert J. Conrad Jr.

Fall/Winter 2020–21 | Volume 104 Number 3

The 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

Fall/Winter 2020–21 | Volume 104 Number 3

Efforts 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

Fall/Winter 2020–21 | Volume 104 Number 3

As 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

Fall/Winter 2020–21 | Volume 104 Number 3

On 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

Fall/Winter 2020–21 | Volume 104 Number 3

In 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 Stephen Breyer, M. Margaret McKeown and Robert Katzmann

Fall/Winter 2020–21 | Volume 104 Number 3

“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 Scott Dodson, Lee Rosenthal and Christopher L. Dodson

Fall/Winter 2020–21 | Volume 104 Number 3

Two 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

Fall/Winter 2020–21, Storied Third Branch | Archive

As 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

Fall/Winter 2020–21 | Volume 104 Number 3

In 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

Fall/Winter 2020–21 | Volume 104 Number 3

Donald 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

by Joseph Kimble

Fall/Winter 2020–21 | Volume 104 Number 3

Lawsuits 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

Fall/Winter 2020–21 | Volume 104 Number 3

In 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, Fred Smith Jr., Clark Neily and Jay Schweikert

Fall/Winter 2020–21 | Volume 104 Number 3

POINT / COUNTERPOINT Judicial 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 […]

Court Communications for the Disinformation Age

by William Raftery

Fall/Winter 2020–21 | Volume 104 Number 3

As 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

Fall/Winter 2020–21 | Volume 104 Number 3

A FINER POINT The 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 […]

How Courts Are Coping

by Don R. Willett

Fall/Winter 2020–21 | Volume 104 Number 3

From 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

Fall/Winter 2020–21 | Volume 104 Number 3

Justice 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

Fall/Winter 2020–21 | Volume 104 Number 3

Click here to view and download the Table of Contents from the print edition.