Summer 2019 - Volume 103 Number 2

Zion Williamson scoring a basket for Duke University

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 […]

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 […]

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 […]

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 […]

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 […]

Artistic grunge design arrows background in a warm colors with concrete texture

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 […]

Graphic of defendant looking in mirror while being sentenced

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, […]

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 […]

Cartoon image of a judge

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 […]

Justice Kennedy speaking at 2019 Bolch Prize ceremony

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 […]

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 […]

Judge Pamela Chen speaking at a graduation ceremony

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 […]

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, […]