Archive: October 2023

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 […]

The State of Judges’ Well-Being: A Report on the 2019 National Judicial Stress and Resiliency Survey
Judges have always faced significant stressors, including the burden of consequential decision-making, exposure to disturbing evidence, and isolation. While every judicial assignment has its own mix of concerns, challenge is […]

Perfecting Jury Trials
Despite deep societal divisions, jury trials remain oases for resolving disputes in a civil, orderly, and deliberative way. In courtroom theaters, jurors daily sort through conflicting and sometimes horrifying evidence. […]

New Ideas About How Judges Think
Political scientists and legal scholars don’t necessarily have the same perspectives when it comes to the study of how judges make decisions. Legal scholars tend to take a more internal […]

Visiting Judges: Going Global
Federal judges within the United States travel to sit on other circuits, but are typically restricted from holding external office or visiting international courts. After they leave the bench, however, […]

Shortlisted
When Kentanji Brown Jackson was confirmed to the United States Supreme Court, she became the sixth woman to take the bench on the nation’s highest court. Her addition also put […]