Vol. 107 No. 1 (2023) - Toward Fairer, Quicker, Cheaper Litigation

“A Lot Has Changed”

by Paul W. Grimm

Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

A lot has changed since the summer of 2015. At that time, I was in the second session of the Master of Judicial Studies LLM program at Duke School of […]

How States Set Judicial Salaries

by William Raftery

Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

The question of judicial compensation — not just how much, but the mechanism used to set the amount — has been a part of the American discourse on judicial independence since […]

Bolch Prize Honors “Swift, Breathtaking” Effort to Aid Afghanistan’s Courageous Women Judges

by Susan Glazebrook and Sosan Bakshi

Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

The International Association of Women Judges (IAWJ) received the 2023 Bolch Prize for the Rule of Law during a ceremony in March. […]

Afghan Judge Serving as Inaugural Bolch Rule of Law Fellow

by Judicature Staff

Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

Duke Law School welcomed Judge Tayeba Parsa of Afghanistan as the first Bolch Judicial Institute Rule of Law Judicial Fellow in May. Judge Parsa was among 250 women judges in Afghanistan. […]

Helping Jurors Understand Their Role in “Liberty and Justice for All”

by Judicature Staff

Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

A new video aims to help jurors understand their work as an essential part of our democracy. The five-minute video, “Liberty and Justice for All,” was funded by the ABOTA Foundation […]

Perfecting Jury Trials

by Gregory Mize

Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

Despite deep societal divisions, jury trials remain oases for resolving disputes in a civil, orderly, and deliberative way. In courtroom theaters, jurors daily sort through conflicting and sometimes horrifying evidence. […]

Preliminary Instructions Can Boost Participation

by Samuel A. Thumma and Robert Brutinel

Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

For decades, Arizona’s state courts have spearheaded reforming and improving jury trials. Thirty years ago, the Arizona Supreme Court noted that juries and jury trials had come under increased scrutiny, […]

Let Jurors Ask Questions

by Jennifer Bailey

Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

The medical malpractice trial involved a claim that an oncologist had delayed diagnosing the cancer in the plaintiff’s arm. As a result, his arm had to be amputated at the […]

Virtual Voir Dire Works — for Courts and Jurors

by Rachel Krause

Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

As the COVID-19 pandemic began rolling through the United States, medical staffs were as busy as they had ever been. News reports showed doctors and nurses grabbing quick naps between […]

Pre-Deliberation Discussion Makes Sense

by Juan G. Villaseñor and Laurel Quinto

Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

At every jury trial over which I preside, I tell prospective jurors that jury trials are a fundamental part of our judicial system and our system of government. I remind […]

Call All Jurors To Serve

by Colleen McMahon

Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

In 1992, New York Chief Judge Judith S. Kaye charged 30 lawyers, judges, court administrators, academics, and citizens to find ways to improve the jury service experience for citizens who […]

The State of Judges’ Well-Being: A Report on the 2019 National Judicial Stress and Resiliency Survey

by Terry A. Maroney, David X. Swenson, Joan Bibelhausen and David Marc

Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

Judges have always faced significant stressors, including the burden of consequential decision-making, exposure to disturbing evidence, and isolation. While every judicial assignment has its own mix of concerns, challenge is […]

Toward Fairer, Quicker, Cheaper Litigation: A Unified Theory of Civil Case Management

by Carolyn B. Kuhl and William F. Highberger

Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

In the year 2000, the California court system created a complex litigation pilot program […]

Managerial Judges: The Long View (Sidebar)

by Robert M. Dow Jr.

Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

In a landmark law review article published four decades ago, Professor Judith Resnik expressed skepticism about the rise of “managerial judging.” Professor Resnik contrasted the emerging model of active judicial […]

Case Management Reform: The Promise of Big Data (Sidebar)

by Richard Sander and Eric Helland

Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

In November 2021, some 30 judges and scholars gathered in Santa Monica, Calif., to discuss the prospects for an emerging era of civil case management reform. The participants included proponents of […]

Plea Bargains: Efficient or Unjust?

by Carissa Byrne Hessick, Jeffrey Bellin, Elana Fogel, Anjelica Hendricks, Erin Blondel and John Flynn

Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

The vast majority of state and federal cases end in plea bargains. The practice has eased backlogs and may benefit some defendants — but the trade-offs, some say, are too […]

Faith in Law

by David F. Levi and Dallin H. Oaks

Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

David F. Levi interviews Dallin H. Oaks, a leader of The Church of Jesus Christ of Latter-day Saints and former justice of the Utah Supreme Court, on faith, democracy, and how believers and nonbelievers can work together toward a more free and fair society for all. […]

John Marshall’s Judicial Robe: Witness to Constitutional History

by Kevin C. Walsh

Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

Over time, Chief Justice John Marshall’s black judicial robe has assumed a status as fabled as his opinion for the Court in Marbury v. Madison — and one that is just as steeped in myth. […]

If Pseudonyms, Then What Kind?

by Eugene Volokh

Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

Writers may have their noms de plume; revolutionaries may have noms de guerre. Here, though, we will speak of (to coin a phrase) the noms de litige, and ask: When […]

Minimize prepositional phrases. Question every of. (Part 1; PDF)

by Joseph Kimble

Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

The First Fifteen

by W K Hastings

Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

This is a book written with generosity and bravery. It is generous in the sense that 15 Asian American women have decided to share their stories about how they became […]

Indelible: Chief Justice Shirley Abrahamson

by Ann Walsh Bradley

Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

Shirley Abrahamson’s enduring legacy exists not just in statistics, accolades, and awards. Rather it lies in her innovations in judicial administration, her significant contributions to the development of the law, and the indelible impression she left on the hearts and minds of so many who look to her with admiration and gratitude.

Renaming Maryland’s Appellate Courts

by Jonathan Biran

Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

What’s in a name? According to Maryland’s voters, there’s something to it. […]

Judicial Honors: Vol. 107 No. 1

by Judicature Staff

Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

The Forney Independent School District in Forney, Texas, opened a new elementary school named in honor of alumnus Judge DON WILLETT of the U.S. Court of Appeals for the Fifth Circuit. The […]

In This Edition (Table of Contents Vol 107 No 1)

by Judicature Staff

Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

Features Perfecting Jury Trials BY GREGORY E. MIZE Let Jurors Ask Questions JENNIFER BAILEY Virtual Voir Dire Works — for Courts and Jurors RACHEL KRAUSE Preliminary Instructions Can Boost Participation […]