Archive: July 2024

The Docket Debate

Emergency appeals to the Supreme Court are on the rise, giving way to more and more cases in which the Court skips the processes that help explain its work. Is […]

The Withering of Public Confidence in the Courts

New research delves into potential causes and solutions for a worrisome decline in public faith in the courts.

“Generate Light, Not Heat”

When asked whether the party affiliation of the president or governor who appointed them plays a part in their judicial decision-making, judges respond “no” — that they decide based on […]

Can Judges Help Ease Mass Incarceration?

A scholar considers how judges have contributed to historically high incarceration rates — and how they can help reverse the trend. While the American criminal justice system was once known […]

Free Speech on Campus: Examining the Campus Speech Debate Through a First Amendment Lens

PICTURED ABOVE: College students protest the Vietnam War at the University of Pennsylvania in the 1970s. (Classic Stock/Alamy stock Photo) Examining the campus speech debate through a First Amendment lens […]

Invaluable Knowledge: How Trial Judge Experience Shapes Intermediate Appellate Review

Imagine that you (a former civil trial judge) and your colleague (a former tax court judge) are on an appellate panel assigned to adjudicate two appeals. One is an appeal […]

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 […]