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.” […]

United states depicted as a stars and strips quilt

Change Agents: Looking to State Constitutions for Rights Innovations

by Jeffrey S. 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.) […]

Collage of Civil War book covers

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 […]

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 […]

Status of Martin Luther King Jr.

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 […]

A(nother) New Plan for Clerkship Hiring

by Diane P. 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 […]

Retired Judge Sammie Chess, Jr., looks up at a painting of his portrait, a copy that hangs over the fireplace mantel at his home in Jamestown. The original painting is on display at the Guilford Country Courthouse in High Point.

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 […]

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 […]

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. […]

Person marking paper with red pen

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 […]

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, […]

David F. Levi

From The Publisher

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 […]

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 […]

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 […]

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 […]