Spring 2017 - Volume 101 Number 1

Judge Don Willett Portrait

Editor’s Note: Relentlessly Relevant

by Don R. Willett

Spring 2017 | Volume 101 Number 1

From the Editor-in-Chief Chief Justice John Roberts created a stir in 2011 for suggesting that much legal scholarship offers scant practical insight. “Pick up a copy of any law review,” […]

Briefs: Salary by Committee

by William Raftery

Spring 2017 | Volume 101 Number 1

As the Great Recession ends, judicial salaries — stagnant for most of that period — appear to be on the rise. But a long-running debate over the role of judicial […]

As I See It: Updates from the Center for Judicial Studies

by John K. Rabiej

Spring 2017 | Volume 101 Number 1

Duke Law School Dean David F. Levi established the Center for Judicial Studies five years ago to bring together the strengths of the bench, bar, and academy to improve the […]

Chief Tammy Morris, Sheriff Mike Williams, Judge Virginia Baker Norton, Richard McKissick, and Mayor Lenny Curry visiting the D.A.W.N. program in 2015.

Lastly: A Judge Honors the Activist Who Brought Her to Jail

by Virginia Baker Norton

Spring 2017 | Volume 101 Number 1

Pictured Above, Left to Right: Chief Tammy Morris, Sheriff Mike Williams, Judge Virginia Baker Norton, Richard McKissick, and Mayor Lenny Curry visiting the D.A.W.N. program in 2015. I met Richard […]

Cover of book "The Future of Foreign Intelligence"

National Security. Civil Liberties. Can We Have Both?

by Nathan Sales

Spring 2017 | Volume 101 Number 1

In the wake of a catastrophic terrorist attack like 9/11, what balance should the government strike between its weighty national-security responsibilities and its equally solemn duty to preserve Americans’ privacy […]

Picking Judges: How Judicial-Selection Methods Affect Diversity in State Appellate Courts

by Diane M. Johnsen

Spring 2017 | Volume 101 Number 1

In the beginning, judges in the 13 original states either were appointed by the governor or selected by the legislature. Over the next 80 years, however, a majority of states […]

Person marking paper with red pen

Hold the Parentheticals, Please

by Joseph Kimble

Spring 2017 | Volume 101 Number 1

Our writing guru Joseph Kimble offers tips for enlisting the dash and for avoiding legalese and silly, distracting parentheticals. Original According to the Plaintiff, Defendants Exxon Mobil Corporation (“Exxon”), Badger […]

Speech bubbles

A Speech Code for Lawyers?

by Keith Swisher and Eugene Volokh

Spring 2017 | Volume 101 Number 1

In August 2016, the American Bar Association amended its model rules of professional conduct by banning professional conduct that constitutes harassment or discrimination. Some cheer the new rule as a […]

#Engage: It’s Time for Judges to Tweet, Like, & Share

by Stephen Louis A. Dillard

Spring 2017 | Volume 101 Number 1

The judiciary is, in many respects, the least understood branch of government. The law can be mysterious and a bit frightening to those who do not work in the legal […]

Mindfulness and Judging

by Jeremy Fogel

Spring 2017 | Volume 101 Number 1

Judges, as our title implies, make judgments. Sometimes the process of making a judgment is straightforward, as when clearly written statute plainly applies to undisputed facts. But more often, the […]

Rebuild our Courts with graphic of lady justice being carried on a forklift

Rebuild our Courts: State Chief Justices Call for Action to Achieve Civil Justice for All

by Gregory Mize and Thomas A. Balmer

Spring 2017 | Volume 101 Number 1

Many remember the alarming call to mission control from the Apollo 13 spacecraft crew. “Houston, we’ve had a problem.” Well, dear Judicature readers, we denizens of the judicial system have […]

Foundations of U.S. Federalism

by Lee Rosenthal and Gregory P. Joseph

Spring 2017 | Volume 101 Number 1

What precisely is American federalism? In their seminal work on federal jurisdiction, Felix Frankfurter and Wilber Katz allude to a “dynamic struggle” between federal and state power, the ebb and […]

Why We Read the Scalia Opinion First

by Paul D. Clement

Spring 2017 | Volume 101 Number 1

Writing about Justice Antonin Scalia’s writing is a daunting project indeed. The Justice plainly had a gift that is perhaps better savored than analyzed. As one privileged to be his […]

Judicial Excellence after Earl Warren

by Daniel Frost

Spring 2017 | Volume 101 Number 1

Judging the performance of Supreme Court Justices is a tricky business. Nearly everyone would agree that the justices should sustain the ideal of “Equal Justice Under Law,” the motto inscribed […]

Saving Our Profession: It’s Up to Us

by Joe Webster

Spring 2017 | Volume 101 Number 1

A number of years ago, a man told me he had been charged with a crime. I asked him how his case was going. With all sincerity and with an […]

Lady Justice with law books in background

Cain questions court funding, highlights best practices for proportionality

by John K. Rabiej

Spring 2017 | Volume 101 Number 1

Cain v. City of New Orleans (15-cv-04479) brings into sharp relief issues threatening the judiciary’s legitimacy, while simultaneously providing a procedural roadmap applying the 2015 discovery-proportionality amendments — themes highlighted […]

A Model Trial Judge: U.S. District Judge Sim Lake

by Jennifer Walker Elrod

Spring 2017 | Volume 101 Number 1

(Judge Jennifer Elrod is is pictured above with Judge Lake on the day he swore her into the Texas bar in 1992; photo courtesy Jennifer Elrod.) Born on the last Independence […]

Judicial Honors (Spring 2017)

by Judicature Staff

Spring 2017 | Volume 101 Number 1

Senior Judge MICHAEL M. BAYLSON of the U.S. District Court for the Eastern District of Pennsylvania received the James Wilson Award from the University of Pennsylvania Law School in honor […]

Table of Contents

by Judicature Staff

Spring 2017 | Volume 101 Number 1

Features #ENGAGE: IT’S TIME FOR JUDGES TO TWEET, LIKE, AND SHARE Stephen Louis A. Dillard MINDFULNESS AND JUDGING Jeremy D. Fogel REBUILD OUR COURTS: STATE CHIEF JUSTICES CALL FOR ACTION […]