Summer 2020 - Volume 104 Number 2

Coping with COVID: Continuity and Change in the Courts

by Sherri Carter, Karen Caldwell, Mark Drummond, Robin L. Rosenberg, Sam Thumma, Vaughn Walker and David F. Levi

Summer 2020 | Volume 104 Number 2

By now, our courts, state and federal, have adapted much of their work to digital platforms. But some procedures or litigation events do not easily or obviously translate to the Continue Reading »

Better by the Dozen: Bringing Back the Twelve-Person Civil Jury

by Patrick Higginbotham, Lee Rosenthal and Steven Gensler

Summer 2020 | Volume 104 Number 2

A jury of 12 resonates through the centuries. Twelve-person juries were a fixture from at least the 14th century until the 1970s.1 Over 600 years of history is a powerful Continue Reading »

Experts in the Hot Tub at the Court of Arbitration for Sport

by Doriane L. Coleman and Jonathan Taylor

Summer 2020 | Volume 104 Number 2

The Games of the XXXII Olympiad (Tokyo 2020) have been postponed to 2021 as a result of the novel coronavirus, but litigation at the Court of Arbitration for Sport (CAS) Continue Reading »

Protecting Fair and Impartial Courts: Reflections on Judicial Independence

by David F. Levi

Summer 2020 | Volume 104 Number 2

I speak today about the importance of fair and impartial courts and the role of judicial independence in achieving that goal. I begin with two stories. Some years ago, my Continue Reading »

Judicial Independence: Tweak the Guiding Paradigm

by Charles Geyh

Summer 2020 | Volume 104 Number 2

Over time, the public has simply ceased to believe judges when they say that they follow the law, and nothing but. If judges impose their ideological policy preferences, the argument Continue Reading »

Civic Education: The Key to Preserving Judicial Independence

by Judicature Staff

Summer 2020 | Volume 104 Number 2

At a time when the branches of government are making daily headlines, how do we educate the public about a fair and impartial judiciary and its vital role in our Continue Reading »

The Conservative Case for Class Actions

by Brian Fitzpatrick and John H. Beisner

Summer 2020 | Volume 104 Number 2

POINT / COUNTERPOINT Should conservatives embrace class actions as the alternative to government regulation for policing corporate misconduct? Affection for the class-action lawsuit has typically split along political lines, with Continue Reading »

The Plague of Excessive Force: Working Together to Find a Cure

by Lori Lightfoot, Art Acevedo, Barry Friedman, Ashley Allison and David F. Levi

Summer 2020 | Volume 104 Number 2

In July, the “Coping with Covid” series shifted attention from one pandemic to another: the plague of excessive force by police officers. It is an old and long-standing problem receiving Continue Reading »

Headings, please. The more, the better

by Joseph Kimble

Summer 2020 | Volume 104 Number 2

REDLINES If there’s a good reason why many judicial opinions don’t use informative headings, I haven’t heard it. For readers, headings are a boon to navigating through the opinion. And Continue Reading »

A Remarkable Journey to the ‘Centre Chair’

by Marsha C. Erb

Summer 2020, Storied Third Branch | Archive

Above: Beverley McLachlin, 17th Chief Justice of Canada (Photo by Roy Grogran, courtesy of the Supreme Court of Canada) Beverley McLachlin, widely regarded as one of the best legal minds Continue Reading »

On the Record: Lyrics in Judicial Writing

by Mark W. Klingensmith

Summer 2020 | Volume 104 Number 2

Judge Mark W. Klingensmith of Florida’s Fourth District Court of Appeal has always had rock and roll pumping through his veins. He played in a band during law school that Continue Reading »

My Own Liberator: A Conversation with Dikgang Moseneke

by David F. Levi and Dikgang Moseneke

Summer 2020 | Volume 104 Number 2

During a lunch-hour event with students at Duke Law School in February, David F. Levi, director of the Bolch Judicial Institute, interviewed former Deputy Chief Justice Dikgang Moseneke of the Continue Reading »

Typography

Typography for Judges

by Matthew Stiegler

Summer 2020 | Volume 104 Number 2

Not so long ago, the prevailing standard for typography in opinions and briefs was atrocious. The entire profession seemed to believe that the way to make a document look lawyerly Continue Reading »

summer2020_raftery

Will Jurors Come Back to Courthouses?

by William Raftery

Summer 2020 | Volume 104 Number 2

While America continues to grapple with the effects of COVID-19, courts are working to return to “new normal” operations. Of chief concern is the courts’ ability to recruit representative jury Continue Reading »

The New Rap Sheet: Prosecuting Crimes, Chilling Free Speech

by SpearIt

Summer 2020 | Volume 104 Number 2

With the Fourth Amendment gone, eyes are on the First // That’s why I’m spittin cyanide each and every verse These lyrics from American rap artist Paris’ 2003 album, Sonic Continue Reading »

Judicial Honors Summer 2020

by Judicature Staff

Summer 2020 | Volume 104 Number 2

Judge Tanya Walton Pratt of the Southern District of Indiana received the 2020 Distinguished Postgraduate Achievement Award from Howard University School of Law. The award recognizes alumni who have made Continue Reading »

Milestones Summer 2020

by Judicature Staff

Summer 2020 | Volume 104 Number 2

Congratulations to these federal judges (active status) who are celebrating milestone anniversaries of their commission dates. 40 years Carmen Consuelo Cerezo, U.S. District Court, District of Puerto Rico 35 years Continue Reading »

David F. Levi

From the Publisher: Challenging Times

by David F. Levi

Summer 2020 | Volume 104 Number 2

In this edition of Judicature, published during a difficult time in our national history, we look at enduring themes and new, pressing challenges. The American Judicature Society, founded in 1913 Continue Reading »

Judicature Announces New Editorial Board for 2020-21 Term

by Judicature Staff

Summer 2020 | Volume 104 Number 2

Judge Don Willett of the U.S. Court of Appeals for the Fifth Circuit has been named chair of Judicature’s editorial board for the 2020–21 editorial term. A 2016 graduate of Continue Reading »