by Allyson K. Duncan and John Macy
Fall/Winter 2020–21 | Volume 104 Number 3In 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.
by Bernice B. Donald, Jeffrey Rachlinski and Andrew J. Wistrich
Fall/Winter 2020–21 | Volume 104 Number 3A 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,” […]
by Robert J. Conrad Jr.
Fall/Winter 2020–21 | Volume 104 Number 3The 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, […]
by Judicature Staff
Fall/Winter 2020–21 | Volume 104 Number 3Efforts 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 […]
by Mary Ellen Barbera and Joseph Baxter
Fall/Winter 2020–21 | Volume 104 Number 3As 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 […]
by David McKeague
Fall/Winter 2020–21 | Volume 104 Number 3On 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 […]
by David Slayton
Fall/Winter 2020–21 | Volume 104 Number 3In 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 […]
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; […]
by Scott Dodson, Lee Rosenthal and Christopher L. Dodson
Fall/Winter 2020–21 | Volume 104 Number 3Two 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 […]
by Timothy J. Corrigan
Fall/Winter 2020–21, Storied Third Branch | ArchiveAs 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 […]
by Pamela K. Bookman
Fall/Winter 2020–21 | Volume 104 Number 3In 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 […]
by William G. Howell and Terry M. Moe
Fall/Winter 2020–21 | Volume 104 Number 3Donald 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, […]
by Joseph Kimble
Fall/Winter 2020–21 | Volume 104 Number 3Lawsuits 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 […]
by Lilia Alvarez
Fall/Winter 2020–21 | Volume 104 Number 3In 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 […]
by Kyle Hawkins, Fred Smith Jr., Clark Neily and Jay Schweikert
Fall/Winter 2020–21 | Volume 104 Number 3POINT / 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 […]
by William Raftery
Fall/Winter 2020–21 | Volume 104 Number 3As 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 […]
by Jennifer L. Behrens
Fall/Winter 2020–21 | Volume 104 Number 3A 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 […]
by Don R. Willett
Fall/Winter 2020–21 | Volume 104 Number 3From 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 […]
by Emma Roberts
Fall/Winter 2020–21 | Volume 104 Number 3Justice 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 […]
by Judicature Staff
Fall/Winter 2020–21 | Volume 104 Number 3Click here to view and download the Table of Contents from the print edition.
