Vol. 102 No. 2 (2018) - Rights That Made The World Right

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How Freed Slaves Extended the Reach of Federal Courts and Expanded our Understanding of the Fourteenth Amendment
by Laura Edwards
Vol. 102 No. 2 (2018) | Rights That Made The World RightIn 1870, Maria Mitchell, an African American woman in Edgecombe County, North Carolina, did something that she could not have done when she was enslaved: She “talked for her rights.” […]

Change Agents: Looking to State Constitutions for Rights Innovations
by Jeffrey S. Sutton
Vol. 102 No. 2 (2018) | Rights That Made The World RightThe following is an excerpt from 51 Imperfect Solutions: States and the Making of American Constitutional Law (© 2018 by Jeffrey Sutton, published by Oxford University Press. All rights reserved.) […]

Six Books for Understanding the Fourteenth Amendment
by Robert Hunter, Jr.
Vol. 102 No. 2 (2018) | Rights That Made The World RightDuring the 150th anniversary of the ratification of the Fourteenth Amendment, the judicial scholar with an inquiring mind will find much to read, and much historical and constitutional wisdom to […]

Not So Fast: A Response to the Garner Response to My Article on Lockhart
by Joseph Kimble
Vol. 102 No. 2 (2018) | Rights That Made The World RightIn the Spring 2018 edition of Judicature, Bryan Garner, an old friend, responded to my article in the previous issue,[1] an article that took the form of a mock opinion […]

Remembering Dr. King’s Last Legal Battle
by Sarah Smith
Vol. 102 No. 2 (2018) | Rights That Made The World RightDuring the first week of April this year, the city of Memphis, Tenn., commemorated the life and legacy of Dr. Martin Luther King Jr., on the 50th anniversary of the […]

A(nother) New Plan for Clerkship Hiring
by Diane P. Wood and Aaron Nielson
Vol. 102 No. 2 (2018) | Rights That Made The World RightOn February 28, 2018, an unofficial ad-hoc committee of federal judges announced a new version of a law clerk hiring plan, a revision of an earlier system that was tried […]

A Giant Among Men: Sammie Chess, Jr.
by Joe Webster
Vol. 102 No. 2 (2018) | Rights That Made The World RightThis tribute is based on Judge Webster’s book, The Making and Measure of a Judge: Biography of the Honorable Sammie Chess, Jr. (Chapel Hill Press, 2017.) All page numbers reference […]

Reflections on a Reentry Court
by Jeffrey Alker Meyer and Carly Levenson
Vol. 102 No. 2 (2018) | Rights That Made The World RightKevin hesitates in the doorway before entering Courtroom 3. When Kevin was 26, he was tried and sentenced in this courtroom. The judge who presided over his trial and sentencing […]

A Matter of Style: Perceptions of Chief Justice Leadership on State Supreme Courts With an Eye Toward Gendered Differences
by Charlie Hollis Whittington and Mikel Norris
Vol. 102 No. 2 (2018) | Rights That Made The World RightAlthough most research on court leadership still focuses on the Chief Justice of the United States Supreme Court, researchers are increasingly interested in state supreme courts, and with good reason. […]

Zap Multiword Prepositions, Please (PDF)
by Joseph Kimble
Vol. 102 No. 2 (2018) | Rights That Made The World RightProbably the worst small-scale fault in legal writing is unnecessary prepositional phrases, a fault that this column will keep going after. A noxious variant is the multiword preposition — a […]

Reentry philosophies, approaches, and challenges
by Marvin L. Astrada
Vol. 102 No. 2 (2018) | Rights That Made The World RightCompeting notions of crime and punishment have shaped the administration of criminal justice in the United States ever since the Quakers established the Walnut Street Prison in 1773 in Philadelphia, […]

From The Publisher
by David F. Levi
Vol. 102 No. 2 (2018) | Rights That Made The World RightWe received news of Associate Justice Anthony M. Kennedy’s retirement as we prepared this edition of Judicature for printing. We look forward to paying tribute to him in a later […]

Proposed Standards and Best Practices for Large and Mass-Tort MDLs
by Judicature Staff
Vol. 102 No. 2 (2018) | Rights That Made The World RightThe Judicial Panel on Multidistrict Litigation issued an order on Dec. 12, 2017, centralizing 46 pending actions alleging improper marketing of and inappropriate distribution of various prescription opiate medications into […]

Unlocking the e-discovery TAR blackbox
by Judicature Staff
Vol. 102 No. 2 (2018) | Rights That Made The World RightEDRM at Duke Law has published a proposed set of e-discovery guidelines that explain technology assisted review (TAR), also known as predictive coding and computer assisted review, and is now […]

From the Editor: Toward a More Perfect Union
by Bernice B. Donald
Vol. 102 No. 2 (2018) | Rights That Made The World RightIn 2018, as the nation commemorates the 150th Anniversary of the 14th Amendment, stakeholders in the justice system should reflect on our successes and failures along the continuum for equal […]