Vol. 107 No. 3 (2024) - Justitia

Fostering a Culture of Civility in the Law

by Robin L. Rosenberg

Vol. 107 No. 3 (2024) | Justitia

In November 2023, all first-year Duke Law students (about 240) participated in a two-and-a-half hour Civil Discourse and Difficult Decisions (CD3) program as part of the school’s professionalism initiative. Students, facilitators, attorneys, […]

North Carolina Supreme Court

The Unclear and Uneasy Role of State Courts in Implementing Federal Policy

by Hope Forbush Sharrett

Vol. 107 No. 3 (2024) | Justitia

The Bipartisan Safer Communities Act (BSCA) was enacted in 2022. One of the law’s goals is to reduce gun violence by strengthening background checks for potential gun purchasers between the […]

Judicial Honors Vol. 107 No. 3

by Oria Wilson-Iguade

Vol. 107 No. 3 (2024) | Justitia

Chief Justice Loretta H. Rush of the Indiana Supreme Court received the Lady Justice Award from the National Association of Women Judges (NAWJ) for her commitment to advancing the NAWJ’s core values […]

Justice O’Connor Named 2024 Bolch Prize Recipient

by Melinda Myers Vaughn

Vol. 107 No. 3 (2024) | Justitia

PICTURED ABOVE: Justice O’Connor speaking to law students at the University of Texas in 1985. (© Bob Daemmrich/Alamy.com) The late U.S. Supreme Court Justice Sandra Day O’Connor has been named the […]

Teaching Civility Through Civics

by Eric Surber

Vol. 107 No. 3 (2024) | Justitia

To help dispel misguided notions about the judiciary and to create stronger connections between communities and courts, many judges are developing and leading civic education programs that bring students into […]

A Wartime View from Ukraine’s Supreme Court

by Olena Kibenko and Cristobal Diaz

Vol. 107 No. 3 (2024) | Justitia

PICTURED ABOVE: Ukraine’s Supreme Court Building in Kyiv. (Alamy.com) February 24, 2024, marked two years since Russia’s large-scale invasion of Ukraine, the largest attack on a European country since World […]

An “Almost Sacred Responsibility”: The Rule of Law in Times of Peril

by Gerald J. Postema

Vol. 107 No. 3 (2024) | Justitia

Retired Court of Appeals Judge Michael Luttig recently called his fellow members of the bar to action. “We lawyers,” he charged, “are weighted by an almost sacred responsibility” to defend […]

Redrafting All the Federal Court Rules: A 30-Year Odyssey

by Joseph Kimble

Vol. 107 No. 3 (2024) | Justitia

The Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States oversees the work of the five advisory committees that draft proposed new and […]

Invaluable Knowledge: How Trial Judge Experience Shapes Intermediate Appellate Review

by Douglas M. Fasciale

Vol. 107 No. 3 (2024) | Justitia

As is true in many professions, experience matters. Specifically, prior experience as a trial judge can help intermediate appellate judges analyze trial rulings.3 For this conclusion, I rely on a case […]

The Battle for Your Brain: A Legal Scholar’s Argument for Protecting Brain Data and Cognitive Liberty

by Nita A. Farahany and Paul W. Grimm

Vol. 107 No. 3 (2024) | Justitia

Mindreading may sound like the stuff of science fiction, but these days, as they say, truth is stranger than fiction. Employers track employee attention and even moods. Technology users can […]

Free Speech on Campus: Examining the Campus Speech Debate Through a First Amendment Lens

by Geoffrey R. Stone and David F. Levi

Vol. 107 No. 3 (2024) | Justitia

PICTURED ABOVE: College students protest the Vietnam War at the University of Pennsylvania in the 1970s. (Classic Stock/Alamy stock Photo) Examining the campus speech debate through a First Amendment lens […]

Can Judges Help Ease Mass Incarceration?

by Jeffrey Bellin

Vol. 107 No. 3 (2024) | Justitia

A scholar considers how judges have contributed to historically high incarceration rates — and how they can help reverse the trend. While the American criminal justice system was once known […]

Person marking paper with red pen

Add punch with an extra-short sentence (or a fragment) (PDF)

by Joseph Kimble

Vol. 107 No. 3 (2024) | Justitia

An occasional extra-short sentence or fragment can serve various purposes. Most obviously, it can provide variety and emphasis. It can also be useful for breaking up a long sentence, setting up a conclusion, linking to a new topic—any number of things, really.

AI in the Courts: How Worried Should We Be?

by Cary Coglianese, Maura R. Grossman and Paul W. Grimm

Vol. 107 No. 3 (2024) | Justitia

Scholars and technologists see both benefits and dangers for AI in the courts. One thing they agree on: AI is here to stay. As we enter 2024, it’s tough not […]

Allyson K. Duncan: Quietly Tenacious, Fervently Committed

by James Andrew Wynn

Vol. 107 No. 3 (2024) | Justitia

PICTURED ABOVE: Judge Duncan with her portrait, which was installed at Duke Law School in 2018 and was painted by Gale Fulton Ross. Ross earlier painted one of Duncan’s mother, […]

And the Oscar goes to . . . courtroom dramas!

by Lucy Inman

Vol. 107 No. 3 (2024) | Justitia

Actor Jack Nicholson’s witness-stand response to Tom Cruise in A Few Good Men is one of the most quoted lines from one of the most popular genres of film — the courtroom drama. […]

The Chicago Principles: An Excerpt

by Judicature Staff

Vol. 107 No. 3 (2024) | Justitia

In July 2014, the president and provost of the University of Chicago appointed a Committee on Freedom of Expression to articulate “the University’s overarching commitment to free, robust, and uninhibited […]

In This Edition (Table of Contents Vol 107 No 3)

by Judicature Staff

Vol. 107 No. 3 (2024) | Justitia

Features A Wartime View From Ukraine’s Supreme Court CRISTOBAL DIAZ & OLENA KIBENKO An “Almost Sacred Responsibility”: The Rule of Law in Times of Peril GERALD J. POSTEMA Redrafting All […]