Archive: June 2023

The Utah State Capitol Building and Mormon Temple in downtown Salt Lake City.

Faith in Law

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. […]

A judge stands on the front of a rowboat pointing the way ahead

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

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 […]

Reflection of row boaters in a lake

Managerial Judges: The Long View (Sidebar)

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 […]

Call All Jurors To Serve

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 […]

Line drawing of people deliberating

Pre-Deliberation Discussion Makes Sense

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 […]

Line drawing of a group of jurors participating in virtual voire dire through a computer screen

Virtual Voir Dire Works — for Courts and Jurors

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 […]

Line drawing of hands being raised in the air

Let Jurors Ask Questions

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 […]

Line drawing of a juror writing down notes

Preliminary Instructions Can Boost Participation

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, […]

Map United States covered in money, bank notes of 100 dollars.

How States Set Judicial Salaries

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 […]

Abstract illustration of a silhouetted figure wearing headphones and holding a smartphone, with large eyes, location markers, binary code, and directional arrows floating above. The image uses soft pinks, purples, and blues to depict themes of surveillance, data tracking, and digital observation.

You Are Being Scanned

It’s 1890. Responding in part to the invention of “instantaneous” photography, Samuel Warren and Louis Brandeis write The Right to Privacy, urging legal recognition of “the right to be let alone,” which […]