Vol. 103 No. 2 (2019) - Pay NCAA athletes?

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

by Paul Haagen

Vol. 103 No. 2 (2019) | Pay NCAA athletes?

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

Vol. 103 No. 2 (2019) | Pay NCAA athletes?

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

Vol. 103 No. 2 (2019) | Pay NCAA athletes?

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

Vol. 103 No. 2 (2019) | Pay NCAA athletes?

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 Richard Re and Marin K. Levy

Vol. 103 No. 2 (2019) | Pay NCAA athletes?

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 […]

Taking “Beyond a Reasonable Doubt” Seriously

by Jon O. Newman

Vol. 103 No. 2 (2019) | Pay NCAA athletes?

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 […]

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

by Robin L. Rosenberg

Vol. 103 No. 2 (2019) | Pay NCAA athletes?

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

Vol. 103 No. 2 (2019) | Pay NCAA athletes?

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 […]

The Disappearing Probate Court

by William Raftery

Vol. 103 No. 2 (2019) | Pay NCAA athletes?

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 […]

Advancing the Rule of Law

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

Vol. 103 No. 2 (2019) | Pay NCAA athletes?

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 (PDF)

by Joseph Kimble

Vol. 103 No. 2 (2019) | Pay NCAA athletes?

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 […]

Judicial Honors

by Judicature Staff

Vol. 103 No. 2 (2019) | Pay NCAA athletes?

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

Vol. 103 No. 2 (2019) | Pay NCAA athletes?

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, […]