Archive: May 2022

David F. Levi

From The Publisher

This edition of Judicature highlights some of the excellent work that courts and judges are doing to advance civic education in our country. Their efforts respond to Chief Justice John G. Roberts […]

Justice Robert Jackson at the Nuremberg Trials

Justice Jackson’s Persistent Post-Nuremberg Legacy

Justice Jackson’s post-Nuremberg legacy — his “dispassionate approach” to criminal procedure — continues to shape modern Fourth Amendment jurisprudence.

Evacuation at Hamid Karzai International Airport

The Judiciary and the Rule of Law in Afghanistan

The current rule of law crisis has roots in Afghanistan’s 2004 constitution, which created a flawed separation of powers system.

Leaving Afghanistan

International organizations are working to evacuate Afghan women judges, who face particular peril under Taliban rule.

China’s E-Justice Revolution

(Pictured Above: View of an online hearing at the Hangzhou Internet Court, in Hangzhou City, the first court in the world designed to hear cases nearly exclusively online. Disputes focus […]

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 […]

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, […]