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Judicature

PUBLISHED BY:
Bolch Judicial Institute
Duke Law School

Constitutional Law

Plea Bargains: Efficient or Unjust?

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Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

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 […]

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Reforming the Electoral Count Act, Safeguarding the Vote

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Vol. 106 No. 2 (2022) | Losing faith?

At the invitation of the leaders of The American Law Institute (ALI), a group of legal experts representing a range of legal and political views has developed a slate of […]

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Person walking on tightrope of cartoon bombs

Tightrope Act: Can new FISA court reforms address privacy concerns without impeding anti-terrorism efforts?

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Vol. 99 No. 2 (2015) | The Mass-Tort MDL Vortex

Although the revamping of bulk data-collection practices dominated headlines about the passage of the USA Freedom Act in June, the new law also contained reforms of the Foreign Intelligence Surveillance Court […]

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Washington's Annotated Copy of a Draft of the U.S. Constitution

Designing Constitutions for a Lasting Democracy

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Judicature International (2021-22) | An online-only publication

Donald L. Horowitz, a leading expert in constitutional law, talks with Elisabeth Perham about what it takes to craft a successful modern-day constitution.

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A Dozen Canons of Statutory and Constitutional Text Construction

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Vol. 99 No. 2 (2015) | The Mass-Tort MDL Vortex

Supremacy-of-Text Principle. The words of a governing text are of paramount concern, and what they convey, in their context, is what the text means. Principle of Interrelating Canons. No canon of interpretation […]

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Book Review: Madison’s Music

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Vol. 100 No. 3 (2016) | Who appointed me god?

In Madison’s Music: On Reading the First Amendment, Burt Neuborne, the Inez Milholland Professor of Civil Liberties and the founding legal director of the Brennan Center for Justice at NYU Law School, […]

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The Future of the U.S. Presidency

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Vol. 105 No. 1 (2021) | The Courts Held

What will be the legacy of the Trump presidency? Was this administration uniquely tumultuous because of Donald Trump’s personality and beliefs? Or are there other external forces or circumstances at […]

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Why We Read the Scalia Opinion First

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Vol. 101 No. 1 (2017) | Citizen-centered Courts

Writing about Justice Antonin Scalia’s writing is a daunting project indeed. The Justice plainly had a gift that is perhaps better savored than analyzed. As one privileged to be his […]

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Foundations of U.S. Federalism

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Vol. 101 No. 1 (2017) | Citizen-centered Courts

What precisely is American federalism? In their seminal work on federal jurisdiction, Felix Frankfurter and Wilber Katz allude to a “dynamic struggle” between federal and state power, the ebb and […]

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Empty Chairs

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Vol. 104 No. 3 (2020-21) | Judges on the March

The sudden deaths of United States Supreme Court Associate Justice Ruth Bader Ginsburg and Associate Justice Antonin Scalia ignited political firestorms regarding the appropriate timeline for confirming a new justice […]

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