Vol. 101 No. 1 (2017) - Citizen-centered Courts

Editor’s Note: Relentlessly Relevant

by Don R. Willett

Vol. 101 No. 1 (2017) | Citizen-centered Courts

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,” […]

Salary by Committee

by William Raftery

Vol. 101 No. 1 (2017) | Citizen-centered Courts

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

Vol. 101 No. 1 (2017) | Citizen-centered Courts

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 […]

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

by Virginia Baker Norton

Vol. 101 No. 1 (2017) | Citizen-centered Courts

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 […]

National Security. Civil Liberties. Can We Have Both?

by Nathan Sales

Vol. 101 No. 1 (2017) | Citizen-centered Courts

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

Vol. 101 No. 1 (2017) | Citizen-centered Courts

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 […]

Hold the Parentheticals, Please

by Joseph Kimble

Vol. 101 No. 1 (2017) | Citizen-centered Courts

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 […]

A Speech Code for Lawyers?

by Keith Swisher and Eugene Volokh

Vol. 101 No. 1 (2017) | Citizen-centered Courts

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

Vol. 101 No. 1 (2017) | Citizen-centered Courts

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

Vol. 101 No. 1 (2017) | Citizen-centered Courts

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

by Gregory Mize and Thomas A. Balmer

Vol. 101 No. 1 (2017) | Citizen-centered Courts

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

Vol. 101 No. 1 (2017) | Citizen-centered Courts

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

Vol. 101 No. 1 (2017) | Citizen-centered Courts

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

Vol. 101 No. 1 (2017) | Citizen-centered Courts

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

Vol. 101 No. 1 (2017) | Citizen-centered Courts

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 […]

Cain questions court funding, highlights best practices for proportionality

by John K. Rabiej

Vol. 101 No. 1 (2017) | Citizen-centered Courts

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

Vol. 101 No. 1 (2017) | Citizen-centered Courts

(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

Vol. 101 No. 1 (2017) | Citizen-centered Courts

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

Vol. 101 No. 1 (2017) | Citizen-centered Courts

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 […]