Vol. 100 No. 1 (2016) - 100 Years of Judicature

An Extraordinary Judge: U.S. District Judge Paul G. Hatfield

by Donald Molloy

Vol. 100 No. 1 (2016) | 100 Years of Judicature

The Storied Third Branch Judge Paul Hatfield was an extraordinary judge, a man possessed of humility and courage. He was born and raised in a “blue-collar” family, and he never […]

Possible and Needed Reforms in the Administration of Civil Justice in the Federal Courts

by William Howard Taft

Vol. 100 No. 1 (2016) | 100 Years of Judicature

This year marks the 100th volume of Judicature. To celebrate, each edition of this centennial volume will feature reprints of articles from the journal’s first 100 years. We’ve edited for length […]

Five Dos and Don’ts for Lawyers and Judges

by James S. Moody, Stephen D. Susman and Ashley Moody

Vol. 100 No. 1 (2016) | 100 Years of Judicature

We all know it’s true:  Judges do things that bug lawyers. Lawyers do things that bug judges. So we asked a brave lawyer and a couple of judges (a father and daughter) […]

Easing Mandatory Minimums Will Not Be Enough

by Jon O. Newman

Vol. 100 No. 1 (2016) | 100 Years of Judicature

Congress is finally considering easing mandatory minimum penalties. However, this effort, even if successful, will need to be complemented by actions taken by the United States Sentencing Commission and federal […]

Why Problem-Solving Principles Should Not Be Grafted onto Mainstream Courts

by Victor E. Flango

Vol. 100 No. 1 (2016) | 100 Years of Judicature

Problem-solving courts seek to broaden the focus of courts from simply adjudicating cases to changing the future behavior of litigants and ensuring the well-being of the communities they serve. Advocates […]

The Decline in Federal Civil Trials: An Imagined Conversation

by D. Brock Hornby

Vol. 100 No. 1 (2016) | 100 Years of Judicature

[The Scene] The first conversation takes place in the chambers of Federal District Judge Nielsen Prius. Prius enters chambers from the courtroom door behind his desk, doffs his black robe, […]

Independent Spending in State Supreme Court Elections After Citizens United

by Nicholas LaRowe

Vol. 100 No. 1 (2016) | 100 Years of Judicature

In January 2010, the United States Supreme Court ruled that bans on independent expenditures by labor unions and corporations violated the First Amendment’s guarantee of free expression. Given the polarizing […]

Statutes — Clear or Confusing — What is a judge’s responsibility?

by Michael M. Baylson

Vol. 100 No. 1 (2016) | 100 Years of Judicature

Second Circuit Judge Robert A. Katzmann brings his unique professional career, including his distinguished experience and expertise in legislature, in academia, and as a jurist, to his masterful new book, […]

Legal Standards By The Numbers

by Heidi L. Hansberry, Russell F. Canan, Molly Cannon and Richard Seltzer

Vol. 100 No. 1 (2016) | 100 Years of Judicature

Just after midnight on a warm summer night, a Caucasian woman was walking alone on the streets of Washington, D.C. All of a sudden, three young men she had never […]

From the Editor in Chief: Judge Robert Morris

by Robert Morris

Vol. 100 No. 1 (2016) | 100 Years of Judicature

Welcome to the fourth edition of Judicature under the auspices of Duke Law School. My colleagues in Duke Law School’s LL.M. in Judicial Studies program take great pride in serving […]

Letters to the Editor: Spring 2016

by Judicature Staff

Vol. 100 No. 1 (2016) | 100 Years of Judicature

Don’t forget Rule 502 I hope that the Rule 502(d) cross-reference in the recent amendments to Rules 26(f) and 16(b) will cause all counsel — and judges — to be […]

A Milestone for Diversity in MDL

by mmv6@duke.edu

Vol. 100 No. 1 (2016) | 100 Years of Judicature

Center for Judicial Studies events help pave way for first majority-female steering committee MDLs are where the action is, and the PSC is where the litigation decisions are made for […]

Judicial Courtesy and Respect for People’s Time

by Cynthia Gray

Vol. 100 No. 1 (2016) | 100 Years of Judicature

The requirement that a judge be “patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, court staff, court officials, and others” means more than eschewing angry interruptions, sarcasm, or name […]

Jurors Asking Questions

by David R. Herndon and N. Randy Smith

Vol. 100 No. 1 (2016) | 100 Years of Judicature

In some courtrooms, the practice of allowing jurors to pose questions to witnesses is gaining traction. Questioning witnesses allows jurors to clarify information and better understand the evidence and arguments […]

Pilot Project for Discovery Protocols for Employment Cases Alleging Diverse Action

by Emery G. Lee III and Jason A. Cantone

Vol. 100 No. 1 (2016) | 100 Years of Judicature

In November 2015, the Federal Judicial Center (FJC) reported to the Judicial Conference Advisory Committee on Civil Rules on a pilot project designed to streamline litigation by using pattern discovery […]

Trends in Judicial Selection Methods

by William Raftery

Vol. 100 No. 1 (2016) | 100 Years of Judicature

Interest in changing or altering the selection of judges in the states has waxed and waned from year to year for decades. What makes the last five years remarkable, however, […]

Judicial Honors and Milestones: Spring 2016

by Judicature Staff

Vol. 100 No. 1 (2016) | 100 Years of Judicature

Steven Leifman, 11th Judicial Circuit of Florida judge, received the William H. Rehnquist Award for Judicial Excellence at a dinner at the U.S. Supreme Court. The award is given by […]