Vol. 104 No. 2 (2020) - Coping with COVID

Coping with COVID: Continuity and Change in the Courts

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

Vol. 104 No. 2 (2020) | Coping with COVID

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 S. Gensler, Patrick Higginbotham and Lee Rosenthal

Vol. 104 No. 2 (2020) | Coping with COVID

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 […]

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

by Doriane L. Coleman and Jonathan Taylor

Vol. 104 No. 2 (2020) | Coping with COVID

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

Vol. 104 No. 2 (2020) | Coping with COVID

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

Vol. 104 No. 2 (2020) | Coping with COVID

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

Vol. 104 No. 2 (2020) | Coping with COVID

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 Brian Fitzpatrick and John H. Beisner

Vol. 104 No. 2 (2020) | Coping with COVID

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, Barry Friedman, Ashley Allison, Lori Lightfoot and Art Acevedo

Vol. 104 No. 2 (2020) | Coping with COVID

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

Vol. 104 No. 2 (2020) | Coping with COVID

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

Vol. 104 No. 2 (2020) | Coping with COVID

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

Vol. 104 No. 2 (2020) | Coping with COVID

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

Vol. 104 No. 2 (2020) | Coping with COVID

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

Typography for Judges

by Matthew Stiegler

Vol. 104 No. 2 (2020) | Coping with COVID

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 […]

summer2020_raftery

Will Jurors Come Back to Courthouses?

by William Raftery

Vol. 104 No. 2 (2020) | Coping with COVID

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

Vol. 104 No. 2 (2020) | Coping with COVID

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

Vol. 104 No. 2 (2020) | Coping with COVID

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

Vol. 104 No. 2 (2020) | Coping with COVID

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

Vol. 104 No. 2 (2020) | Coping with COVID

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

Vol. 104 No. 2 (2020) | Coping with COVID

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 […]