Spring 2019 - Volume 103 Number 1

The Emergence of the American Constitutional Law Tradition

by H. Jefferson Powell

Spring 2019 | Volume 103 Number 1

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 illustration

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

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

Spring 2019 | Volume 103 Number 1

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 […]

Hornby Spring 2019

Can Federal Sentencing Remain Transparent?

by D. Brock Hornby

Spring 2019 | Volume 103 Number 1

Criminal trials have virtually disappeared in many federal courtrooms.[1] According to a recent U.S. Sentencing Commission report, “[i]n recent years, 97 percent of federal defendants convicted of a felony or […]

Cross Border Security

Overseas Obligations: An Update on Cross-Border Discovery

by Sandra Jeskie and Michael Baylson

Spring 2019 | Volume 103 Number 1

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 […]

Converse-style high top sneaker

Has Shoe Run Its Course?

by David W. Ichel

Spring 2019 | Volume 103 Number 1

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

Spring 2019 | Volume 103 Number 1

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

Spring 2019 | Volume 103 Number 1

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

Spring 2019 | Volume 103 Number 1

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

Spring 2019 | Volume 103 Number 1

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] […]

Charlie Chaplin

The Public Domain: A Grand Reopening

by Jennifer Jenkins

Spring 2019 | Volume 103 Number 1

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 […]