Federal Courts
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Asking All the Right Questions: Benefits of Juror Questionnaires and Attorney-Conducted Voir Dire
by Stephen R. Bough and Kaitlin Minkler
Vol. 109 No. 1 (2025) | Celebrating a Decade at DukeThe Seventh Amendment guarantees litigants a right to trial by jury, and, for more than 200 years, the voir dire process has been used in the United States to ensure […]
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Reviving Rules 16 and 26
Vol. 109 No. 1 (2025) | Celebrating a Decade at DukeRule 16 (on pretrial conferences and scheduling) and Rule 26 (on disclosures and discovery) give judges important tools to improve case management. Here’s how they should use them. Click here […]
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Staying Safe: Five Steps Judges Can Take Now
by Ron Zayas
Vol. 109 No. 1 (2025) | Celebrating a Decade at DukeJudges have always been subject to scrutiny, second-guessing, and threats. But as Chief Justice John G. Roberts Jr. noted in his 2024 year-end report, the U.S. Marshals Service has reported […]
A Finer Point
The Chief Justice’s Ceremonial(ish) Inauguration Role
Vol. 108 No. 3 (2025) | Problem-Solving CourtsPictured Above: President William McKinley’s inauguration was the first recorded on film; here he is sworn in by Chief Justice Melville Fuller with outgoing President Grover Cleveland at right. March […]
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The New Administrative State?
by Stuart Benjamin, David Doniger, Catherine Eagles and Jennifer Zachary
Vol. 108 No. 3 (2025) | Problem-Solving CourtsHow Recent Supreme Court Decisions May Shape Regulation, Deference, and the Role of the Courts When it comes to administrative agencies, the U.S. Supreme Court has been busy. Last term, […]
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Inside the JPML
Vol. 108 No. 2 (2024) | Judges Under Siege?How the Judicial Panel on Multidistrict Litigation Keeps the Federal Courts’ Massive MDL Docket on Track The world knows multidistrict litigations (MDLs) by the names of the cases’ defendants and […]
Book Review
Thirteen Fiefdoms: Inside the United States Courts of Appeals
Vol. 108 No. 2 (2024) | Judges Under Siege?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 […]
Point/Counterpoint
The Docket Debate
by Stephen Vladeck and Trevor N. McFadden
Vol. 108 No. 1 (2024) | Harnessing AI for JusticeEmergency 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 […]
Feature
The Curious Case of the Temporary Judgeship
Vol. 108 No. 1 (2024) | Harnessing AI for JusticeWhen a district court or a court of appeals has an unusually large backlog, Congress sometimes authorizes what is called a “temporary judgeship.” Several aspects of the concept of a […]
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Can Judges Help Ease Mass Incarceration?
Vol. 107 No. 3 (2024) | JustitiaA 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 […]