Summer 2019 - Volume 103 Number 2

Ten Years from the Bottom

by Lee Reiners

Summer 2019 | Volume 103 Number 2

March 2009 marked the bottom of the worst stock market decline the United States has seen since the Great Depression. In the 17 months leading up to that date, the Continue Reading »

Does Merit Selection Work?

by Gbemende E. Johnson

Summer 2019 | Volume 103 Number 2

As states such as Iowa and Pennsylvania debate their judicial selection systems, whether merit selection works is the key question that motivates Greg Goelzhauser’s innovative and timely inquiry in Judicial Continue Reading »

Excerpts from Unexampled Courage

by Richard Gergel

Summer 2019 | Volume 103 Number 2

Sergeant Isaac Woodard had just completed a three-year tour in a segregated unit of the United States Army. He boarded a Greyhound bus in Augusta, Ga., that would take him Continue Reading »

Summer 2019 Unfulfilled Precedent

Precedent’s Unfulfilled Promise: Re-examining the role of stare decisis

by Marin K. Levy and Richard Re

Summer 2019 | Volume 103 Number 2

The importance of precedent seems obvious — after all, following precedent is itself precedential. But new cases and questions in front of the Supreme Court have fostered a deeper study Continue Reading »

51 Imperfect Solutions

Taking “Beyond a Reasonable Doubt” Seriously

by Jon O. Newman

Summer 2019 | Volume 103 Number 2

Editor’s note: This article was written by Judge Jon O. Newman during his tenure as the Bolch Judicial Institute’s inaugural Distinguished Judge in Residence. The Institute’s Distinguished Judge in Residence Continue Reading »

Conversations of a Lifetime: The Power of the Sentencing Colloquy and How to Make It Matter

by Robin L. Rosenberg

Summer 2019 | Volume 103 Number 2

In recent years, there has been increased attention on sentencing, and particularly sentencing disparities. The thrust and focus of this attention have been on the statistics of sentencing and reforms, Continue Reading »

Assessing Risk: The Use of Risk Assessment in Sentencing

by Brandon Garrett and John Monahan

Summer 2019 | Volume 103 Number 2

Judges are using risk assessment instruments in criminal cases more than ever before. Their role is increasingly prominent at all stages of the criminal justice system, including policing, pretrial detention, Continue Reading »

A Blinding, An Awakening, and a Journey Through Civil Rights History

by Amelia Ashton Thorn

Summer 2019 | Volume 103 Number 2

Sergeant Isaac Woodard had just completed a three-year tour in a segregated unit of the United States Army. He boarded a Greyhound bus in Augusta, Ga., that would take him Continue Reading »

The Disappearing Probate Court

by William Raftery

Summer 2019 | Volume 103 Number 2

In 1967, Maine voters amended the state constitution to authorize the elimination of the state’s county-controlled, county-operated, county-funded Probate Courts.[1] In 2019, the Maine legislature debated a “concept draft” enabling Continue Reading »

Advancing the Rule of Law

by David F. Levi, Allyson K. Duncan, Anthony M. Kennedy and Samuel A. Alito

Summer 2019 | Volume 103 Number 2

Excerpts from the 2019 Bolch Prize for the Rule of Law ceremony On April 11, 2019, the Bolch Judicial Institute presented its inaugural Bolch Prize for the Rule of Law Continue Reading »

Sports in the Courts: The NCAA and the Future of Intercollegiate Revenue Sports

by Paul Haagen

Summer 2019 | Volume 103 Number 2

On February 20, 2019, the Duke men’s basketball team met the team from the University of North Carolina at Cameron Indoor Stadium in Durham, North Carolina. The much-hyped game featured Continue Reading »

Go Light on Heavy Connectors

by Joseph Kimble

Summer 2019 | Volume 103 Number 2

One of the easiest ways to significantly improve all forms of legal writing is to replace heavy logical connectors with lighter ones (or none at all, where appropriate). Unfortunately, the Continue Reading »

Judge Pamela Chen

Judicial Honors

by Judicature Staff

Summer 2019 | Volume 103 Number 2

Nina Ashenafi-Richardson, a judge with the Leon County Court system in Florida and the first Ethiopian-born judge in the United States, received the Florida Bar’s 2019 Distinguished Judicial Service Award Continue Reading »