Spring 2016 - Volume 100 Number 1

Judge Paul G. Hatfield (Image from U.S. Senate Historical Office)

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

by Donald Molloy

Spring 2016 | Volume 100 Number 1

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 […]

Judicature Society

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

by William Howard Taft

Spring 2016 | Volume 100 Number 1

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 […]

Scales of Justice

Five Dos and Don’ts for Lawyers and Judges

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

Spring 2016 | Volume 100 Number 1

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) […]

Cut outs of people in the center of barbed wire

Easing Mandatory Minimums Will Not Be Enough

by Jon O. Newman

Spring 2016 | Volume 100 Number 1

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

Spring 2016 | Volume 100 Number 1

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 […]

Illustration of characters in the imagined conversation.

The Decline in Federal Civil Trials: An Imagined Conversation

by D. Brock Hornby

Spring 2016 | Volume 100 Number 1

[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, […]

Money on a sign with dark clouds in the background

Independent Spending in State Supreme Court Elections After Citizens United

by Nicholas LaRowe

Spring 2016 | Volume 100 Number 1

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 […]

Cover of "Judging Statutes"

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

by Michael Baylson

Spring 2016 | Volume 100 Number 1

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

Spring 2016 | Volume 100 Number 1

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 […]

Judge Robert Morris Photo

From the Editor in Chief: Judge Robert Morris

by Robert Morris

Spring 2016 | Volume 100 Number 1

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

Letters to the Editor: Spring 2016

by Judicature Staff

Spring 2016 | Volume 100 Number 1

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 […]

Hands surrounding scales of justice

A Milestone for Diversity in MDL

by Melinda Vaughn

Spring 2016 | Volume 100 Number 1

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 […]

Cartoon of jurors waiting outside of a courtroom. Jurors are smoking, biting fingernails, reading, and gesturing.

Judicial Courtesy and Respect for People’s Time

by Cynthia Gray

Spring 2016 | Volume 100 Number 1

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 […]

Point Counterpoint

Jurors Asking Questions

by N. Randy Smith and David R. Herndon

Spring 2016 | Volume 100 Number 1

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

Spring 2016 | Volume 100 Number 1

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 […]

Judicial Selection Methods

Trends in Judicial Selection Methods

by William Raftery

Spring 2016 | Volume 100 Number 1

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

Spring 2016 | Volume 100 Number 1

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 […]