Vol. 103 No. 1 (2019) - Navigating Rough Seas

The Emergence of the American Constitutional Law Tradition

by H. Jefferson Powell

Vol. 103 No. 1 (2019) | Navigating Rough Seas

My title is “The Emergence of the American Constitutional Law Tradition,” and what I want us to think about today is the process by which American constitutional law came to […]

51 Imperfect Solutions: State and Federal Judges Consider the Role of State Constitutions

by David F. Levi, Joan Larsen, Allison Eid, Goodwin Liu and Jeffrey S. Sutton

Vol. 103 No. 1 (2019) | Navigating Rough Seas

Judge Jeffrey Sutton is one of our most respected and admired federal appellate judges. He has served on the Sixth Circuit, with chambers in Columbus, Ohio, since his appointment to […]

Can Federal Sentencing Remain Transparent?

by D. Brock Hornby

Vol. 103 No. 1 (2019) | Navigating Rough Seas

Criminal trials have virtually disappeared in many federal courtrooms. According to a recent U.S. Sentencing Commission report, “[i]n recent years, 97 percent of federal defendants convicted of a felony or […]

Overseas Obligations: An Update on Cross-Border Discovery

by Michael M. Baylson and Sandra Jeskie

Vol. 103 No. 1 (2019) | Navigating Rough Seas

An article published in the Winter 2016 edition of Judicature provided an overview of case law and approaches for handling cross-border discovery in litigation. Since then, there have been some […]

Has Shoe Run Its Course?

by David W. Ichel

Vol. 103 No. 1 (2019) | Navigating Rough Seas

How will recent Supreme Court decisions on personal jurisdiction impact the legacy of International Shoe and the future of complex litigation? In just a few years, the Supreme Court has […]

States Continue to Experiment with Partisan Judicial Elections

by William Raftery

Vol. 103 No. 1 (2019) | Navigating Rough Seas

2019 marks the fourth consecutive year of unusually high interest among the states in shifting from partisan to nonpartisan, or from nonpartisan to partisan, judicial elections. It began in 2015, […]

State Judicial Selection: Reforms to Promote a Fair and Independent Judiciary

by Alicia Bannon

Vol. 103 No. 1 (2019) | Navigating Rough Seas

Less than a generation ago, state supreme court elections were subdued affairs. Candidates — to the extent they actively campaigned at all — primarily discussed their qualifications and backgrounds. Political […]

10 Things Judges Should Know About AI

by Jeff Ward

Vol. 103 No. 1 (2019) | Navigating Rough Seas

With recent and dramatic advances in the capacities of machine learning, we are now beginning to see artificial intelligence (AI) tools come into their own. This matters for our judiciary, not […]

Protecting Electronic Privacy

by Erwin Chemerinsky

Vol. 103 No. 1 (2019) | Navigating Rough Seas

Carpenter v. United States, decided by the Supreme Court in June 2018, is one of the most important decisions applying the Fourth Amendment to the technology of the 21st century.[1] […]

The Public Domain: A Grand Reopening

by Jennifer Jenkins

Vol. 103 No. 1 (2019) | Navigating Rough Seas

In 2019, for the first time in 20 years, a trove of creative works published in 1923 entered the U.S. public domain. Why the hiatus? These works were set to […]

Law Review Examines the Judiciary with “A View from the Inside”

by Heather Cron

Vol. 103 No. 1 (2019) | Navigating Rough Seas

Through the Master of Judicial Studies degree program at Duke Law School, judges not only participate in rigorous courses taught by top legal scholars and professionals, but they also develop […]

Justice Anthony M. Kennedy Named Inaugural Recipient of the Bolch Prize for the Rule of Law

by Melinda Myers Vaughn

Vol. 103 No. 1 (2019) | Navigating Rough Seas

The Bolch Judicial Institute of Duke Law School will award the first annual Bolch Prize for the Rule of Law to U.S. Supreme Court Justice Anthony M. Kennedy (Retired) during a […]

A New Editorial Board for Judicature

by Melinda Myers Vaughn

Vol. 103 No. 1 (2019) | Navigating Rough Seas

Another kick at dates and procedural detail (PDF)

by Joseph Kimble

Vol. 103 No. 1 (2019) | Navigating Rough Seas

This isn’t the first time I’ve gone after unnecessary dates and procedural detail. (See the Autumn 2017 and Summer 2018 columns.) And it probably won’t be the last.

In This Edition (Table of Contents Vol 103 No 1)

by Judicature Staff

Vol. 103 No. 1 (2019) | Navigating Rough Seas

Departments BRIEFS States Continue to Experiment with Partisan Judicial Elections A New Editorial Board for Judicature Justice Kennedy Named Inaugural Recipient of the Bolch Prize for the Rule of Law Law […]