Vol. 109 No. 3 (2026) - To Know Courts Is to Love Them?

Batons Passed, Momentum Continues

by Kimberly J. Mueller

Vol. 109 No. 3 (2026) | To Know Courts Is to Love Them?

Greetings from the Bolch Judicial Institute at Duke Law School, where I have joined the remarkable team that brings you Judicature, among other signature initiatives dedicated to safeguarding justice and […]

Judicial Retirement on the Ballot — Again, and Again, and Again

by William Raftery

Vol. 109 No. 3 (2026) | To Know Courts Is to Love Them?

In May 2026, Louisiana voters will decide whether to increase the mandatory retirement age for its state court judges. This will be the fourth time in the last 30 years […]

Judicial Honors: Vol. 109 No. 3

by Michelle Kaminsky

Vol. 109 No. 3 (2026) | To Know Courts Is to Love Them?

Associate Judge VERONICA ARMOUTI of Illinois’s Third Judicial Circuit received the Advocate Award from the Bar Association of Metropolitan St. Louis. Armouti was honored for her fairness, professionalism, and commitment […]

David F. Levi Named 2026 Bolch Prize Recipient

by Michelle Kaminsky

Vol. 109 No. 3 (2026) | To Know Courts Is to Love Them?

The award honors Levi’s lifelong commitment to strengthening the rule of law and the institutions that sustain it. David F. Levi, president of the American Law Institute (ALI), founding director of the Bolch […]

Person marking paper with red pen

Another Round of Pet Peeves (PDF)

by Joseph Kimble

Vol. 109 No. 3 (2026) | To Know Courts Is to Love Them?

Joseph Kimble returns with another round of legal-writing pet peeves, offering practical guidance on word choice, sentence structure, and habits that can make judicial writing clearer and more precise.

Duke Staff Take a Lunch Break to Learn About Courts

by Michelle Kaminsky

Vol. 109 No. 3 (2026) | To Know Courts Is to Love Them?

Duke University staff spent a lunch hour last November learning how courts work and why the judiciary matters, thanks to retired North Carolina Supreme Court Justice Robin E. Hudson and […]

The Architecture of Respect: Inside the D.C. Circuit

by Kathleen M. Sullivan, David S. Tatel and Thomas B. Griffith

Vol. 109 No. 3 (2026) | To Know Courts Is to Love Them?

Two judges appointed by presidents of different parties reflect on collegiality, dissent, and why respect — not agreement — is the foundation of judicial independence. At the 2025 annual meeting […]

One Day in Federal Court: An Informal Case Study of Trauma-Informed Practices

by Emily Bass and Amelia Ashton Thorn

Vol. 109 No. 3 (2026) | To Know Courts Is to Love Them?

Most people will experience a traumatic event in their lives. Few, however, will experience the kind of life-altering trauma forced upon Esther Salas, judge for the District of New Jersey, […]

To Know Courts Is to Love Them?

by Shawn Patterson Jr., Abby Murray, Matthew Levendusky, R. Lance Holbert and Kathleen Hall Jamieson

Vol. 109 No. 3 (2026) | To Know Courts Is to Love Them?

New research shows jury service and civic education boost public understanding — and opinion — of courts. The ability of the judiciary to function well relies on the public’s understanding […]

Not Shaken, Not Stirred: The Mixed Question of Law and Fact

by Jon O. Newman

Vol. 109 No. 3 (2026) | To Know Courts Is to Love Them?

Mixed Questions of Law and Fact Have Long Eluded Clear Judicial Consensus. One of law’s perplexing phrases is “the mixed question of law and fact.” The noted torts professor Francis […]

Disfavored Precedent as a Challenge for the Lower Federal Courts

by Curtis A. Bradley and Tara Leigh Grove

Vol. 109 No. 3 (2026) | To Know Courts Is to Love Them?

Lower Federal Courts Face Recurring Uncertainty When the U.S. Supreme Court Weakens but Does Not Overrule Precedent. We Offer a Decisional Authority Model to Guide Lower Courts in Handling Such […]

The Supreme Court of Mexico (Suprema Corte de la Justicia de la Nacion) with the Mexican flag on the roof. Mexico City, Mexico.

Mexico’s Judicial Elections: Reform or Government Takeover?

by Amanda Driscoll, Michael J. Nelson and Julio Ríos-Figueroa

Vol. 109 No. 3 (2026) | To Know Courts Is to Love Them?

A panel of scholars examines Mexico’s judicial reforms, exploring how direct elections, political control, and institutional design are reshaping the judiciary, its independence, and public trust in the courts. The […]

A Primer on the Different Meanings of AI ‘Bias’ for Legal Practice

by Tara S. Emory and Maura R. Grossman

Vol. 109 No. 3 (2026) | To Know Courts Is to Love Them?

Not All Bias in Artificial Intelligence (AI) Is Necessarily Harmful — and Some Is Even Necessary. Understanding the Different Meanings of “Bias” Is Key to Spotting When AI Systems Produce […]

Colorful illustration of vertical book spines arranged side by side, each labeled with different volumes and issues of Judicature, such as “Volume 107 Number 3” and “Volume 99 Number 3.” The spines feature a wide range of vibrant colors, including red, yellow, green, blue, and purple. Some titles also read “Bolch Judicial Institute of Duke Law School.” The image symbolizes a rich archive of legal scholarship.

Decade at Duke, Part III of III: Standout Articles from Judicature’s Past 10 Years

by Amelia Ashton Thorn and Jake McAuliffe

Vol. 109 No. 3 (2026) | To Know Courts Is to Love Them?

A Ten-Year Look Back at Some of Our Favorite Articles In 2015, Duke Law School took over publication of Judicature from the American Judicature Society, recentering the journal on issues […]

The Worth of a Soul: Finding Redemption in a Prison

by Jenna Carson

Vol. 109 No. 3 (2026) | To Know Courts Is to Love Them?

EDITORS’ NOTE: Judicature’s “Perspectives” series features a range of opinions and experiences relating to the judiciary and justice system in order to widen the lens with which we explore the […]

Interpreting the Court’s Fine Print

by Peter Charles Hoffer

Vol. 109 No. 3 (2026) | To Know Courts Is to Love Them?

Historian Peter Charles Hoffer traces how U.S. Supreme Court footnotes evolved from routine citations into a consequential form of judicial communication. How does the highest court in the land use […]

Lest We Forget: The Glory and the Burden of the Unadorned Black Robe

by Thomas Logue

Vol. 109 No. 3 (2026) | To Know Courts Is to Love Them?

A growing number of judges are modifying the simple black robe — from a rural Florida judge’s camouflage pattern to others presiding in business attire. The trend expands on the […]

In This Edition (Table of Contents Vol. 109 No. 3)

by Judicature Staff

Vol. 109 No. 3 (2026) | To Know Courts Is to Love Them?

Features The Architecture of Respect: Inside the D.C. Circuit BY THOMAS B. GRIFFITH, KATHLEEN M. SULLIVAN & DAVID S. TATEL One Day in Federal Court: An Informal Case Study of […]