Summer 2020 - Volume 104 Number 2

Coping with COVID: Continuity and Change in the Courts

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

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 […]

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

by Steven Gensler, Patrick Higginbotham and Lee Rosenthal

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. Over 600 years of history is a powerful endorsement. So […]

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) […]

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 […]

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 […]

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 […]

The Conservative Case for Class Actions

by John H. Beisner and Brian Fitzpatrick

Summer 2020 | Volume 104 Number 2

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 conservatives traditionally balking […]

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

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

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 […]

Person marking paper with red pen

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 […]

Justice Beverley McLachlin: 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 […]

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 […]

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 […]


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 […]


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 […]

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 […]

Judicial Honors Summer 2020

by Emma Roberts

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 […]

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 […]

David F. Levi

From The Publisher

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 […]

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 […]