Archive: April 2021

A Model of Collegiality: Judge Harry T. Edwards

One of Judge Harry Edwards’s successors as chief judge of the D.C. Circuit has called Judge Edwards the “Great Chief.” That is a fitting appellation. While Judge Edwards could serve […]

Academic Feeder Judges: Are clerkships the key to academia?

Click here to download this article’s accompanying appendix. The legal community is familiar with “feeder judges” — federal lower-court (primarily court of appeals) judges who have a substantial number of […]

The Zooming of Federal Civil Litigation

Two great forces are upon us. One is COVID-19, a highly infectious disease that has disrupted society around the globe.1 The other is the constant push of technological advancement, which […]

The Collapse of Judicial Independence in Poland: A Cautionary Tale

In late 2019, the Polish Sejm approved yet another law aimed at cabining the structure and function of the judiciary. The new law, popularly referred to as a “muzzle” law, empowers a disciplinary chamber to bring proceedings against judges for questioning the ruling party’s platform. The law allows the Polish government to fire judges, or cut their salaries, for speaking out against legislation aimed at the judiciary, or for questioning the legitimacy of new judicial appointees.

Protecting Fair and Impartial Courts: Reflections on Judicial Independence

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 Review and Parliamentary Supremacy

Judicial Review & Parliamentary Supremacy

The American version of judicial review stands alone — and almost never stood at all If Chief Justice John Marshall could have been transported on Dr. Who’s “Tardis” back to […]

Judging Eyewitness Evidence

Eyewitness evidence, in which a witness visually identifies the culprit, is a staple of criminal investigations. But its fallibility is notorious. As the National Academy of Sciences explained in an […]

Assessing Risk: The Use of Risk Assessment in Sentencing

by Brandon Garrett and John Monahan

Judges are using risk assessment instruments in criminal cases more than ever before. Their role is increasingly prominent at all stages of the criminal justice system, including policing, pretrial detention, […]

Lawyers, the Legal Profession & Access to Justice in the United States: A Brief History

In no profession is the gulf greater between ideals and practices than it is for lawyers. Ideally, justice is a universal good: the law protects equally the rights of the […]

Stevens, J., Dissenting: The Legacy of Heller

Second Amendment scholars discuss the late Justice John Paul Stevens’s contributions to one of the nation’s thorniest debates During his 34 years on the Supreme Court, Justice John Paul Stevens […]