Summer 2018 - Volume 102 Number 2


Rights That Made the World Right: How Freed Slaves Extended the Reach of Federal Courts and Expanded our Understanding of the Fourteenth Amendment

by Laura Edwards

Summer 2018 | Volume 102 Number 2

In 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.” Continue Reading »

Change Agents: Looking to State Constitutions for Rights Innovations

by Jeffrey Sutton

Summer 2018 | Volume 102 Number 2

The 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.) Continue Reading »

Hunter Summer 2018

Six Books for Understanding the Fourteenth Amendment

by Robert Hunter, Jr.

Summer 2018 | Volume 102 Number 2

During 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 Continue Reading »

Not So Fast: A Response to the Garner Response to My Article on Lockhart

by Joseph Kimble

Summer 2018 | Volume 102 Number 2

In 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 Continue Reading »

MLK Summer 2018

Remembering Dr. King’s Last Legal Battle

by Sarah Smith

Summer 2018 | Volume 102 Number 2

During 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 Continue Reading »

A(nother) New Plan for Clerkship Hiring

by Diane Wood and Aaron Nielson

Summer 2018 | Volume 102 Number 2

On 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 Continue Reading »

A Giant Among Men: Sammie Chess, Jr.

by Joe Webster

Summer 2018 | Volume 102 Number 2

This 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 Continue Reading »

meyer levenson summer 2018

Reflections on a Reentry Court

by Jeffrey Alker Meyer and Carly Levenson

Summer 2018 | Volume 102 Number 2

Kevin 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 Continue Reading »

A Matter of Style: Perceptions of Chief Justice Leadership on State Supreme Courts With an Eye Toward Gendered Differences

by Mikel Norris and Charlie Hollis Whittington

Summer 2018 | Volume 102 Number 2

Although 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. Continue Reading »

Zap Multiword Prepositions, Please

by Joseph Kimble

Summer 2018 | Volume 102 Number 2

Probably 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 Continue Reading »

reentry philosophies, approaches, and challenges

Reentry philosophies, approaches, and challenges

by Marvin L. Astrada

Summer 2018 | Volume 102 Number 2

Competing 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, Continue Reading »

David F. Levi

From the Publisher: Making the Case for the Rule of Law

by David F. Levi

Summer 2018 | Volume 102 Number 2

We 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 Continue Reading »

Proposed Standards and Best Practices for Large and Mass-Tort MDLs

by Judicature Staff

Summer 2018 | Volume 102 Number 2

The 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 Continue Reading »

Unlocking the e-discovery TAR blackbox

by Judicature Staff

Summer 2018 | Volume 102 Number 2

EDRM 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 Continue Reading »

Judge Donald

From the Editor: Toward a More Perfect Union

by Bernice B. Donald

Summer 2018 | Volume 102 Number 2

In 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 Continue Reading »