Archive: December 2024

Thirteen Fiefdoms: Inside the United States Courts of Appeals

If asked, most people — even most lawyers — would probably say that the Supreme Court is the primary arbiter of legal questions in the United States. And in a […]

Courting Quality: A Survey of Quality Management Practices in American Courts

Quality management — or the practices an organization creates to ensure customer requirements are met — is usually associated with the corporate world. But its aims are just as relevant to […]

“But Is It Reasoned?”

When it comes to finding reasons in arbitration awards, some courts are being, well, unreasonable.

“We must act like the leaders we are”

The Bolch Judicial Institute (which publishes Judicature) recently presented “Defending the Judiciary,” a conference that brought lawyers and judges together to discuss ways to counter the increasingly common attacks targeting the […]

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

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 […]

Neutrality Can Be Maddening to the Public. And to Judges, Too.

Those drawn to careers in law often want to save the world. When we decided on law school, we hoped to wield the armor and lance of the law to ensure civil rights, make people whole, and do justice. Some of us became judges, many accepting a reduction in salary to do public service. […]

Is Disclosure and Certification of the Use of Generative AI Really Necessary?

The news abounds with articles on the promises — and perils — of generative AI (GenAI) […]

What Can Be Done About Backlogs?

No new judgeships have been authorized for the federal courts of appeals in more than 40 years, resulting in a system that is burdened by large caseloads: By 2021, filings […]

John Marshall’s Judicial Robe: Witness to Constitutional History

Over time, Chief Justice John Marshall’s black judicial robe has assumed a status as fabled as his opinion for the Court in Marbury v. Madison — and one that is just as steeped in myth. […]

Plea Bargains: Efficient or Unjust?

The vast majority of state and federal cases end in plea bargains. The practice has eased backlogs and may benefit some defendants — but the trade-offs, some say, are too […]