Federal Courts

Judicial Honors Fall/Winter 2020–21

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Fall/Winter 2020–21 | Volume 104 Number 3

Justice Michelle Keller of the Supreme Court of Kentucky received the Kentucky Bar Association’s Distinguished Judge Award. The award honors a judge who has made outstanding contributions to the legal […]

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Empty Chairs

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Fall/Winter 2020–21 | Volume 104 Number 3

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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Qualified Immunity: A Shield Too Big?

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Fall/Winter 2020–21 | Volume 104 Number 3

Judicial doctrine is rarely the subject of public conversation. So it was once for qualified immunity, which rested for many centuries in a kind of lawyerly tomb — largely the […]

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The Innovation and Limitations of Arbitral Courts

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Fall/Winter 2020–21 | Volume 104 Number 3

In recent years, governments from the state of Delaware to the Emirate of Dubai have created institutions specially designed to adjudicate transnational commercial disputes. These institutions are hybrids between courts […]

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The Zooming of Federal Civil Litigation

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Fall/Winter 2020–21 | Volume 104 Number 3

Two great forces are upon us. One is COVID-19, a highly infectious disease that has disrupted society around the globe.1 The other is the constant push of technological advancement, which […]

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Modernizing Security Measures to Protect Federal Judges and Their Families

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Fall/Winter 2020–21 | Volume 104 Number 3

On the evening of July 19, 2020, United States District Judge Esther Salas was enjoying a playful moment with her son Daniel, who had just celebrated his 20th birthday. As […]

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Jury Trials in a Pandemic Age

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Fall/Winter 2020–21 | Volume 104 Number 3

The foundation of our justice system is the jury trial. In criminal cases, the Sixth Amendment provides that “the accused shall enjoy the right to a speedy and public trial, […]

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The Conservative Case for Class Actions

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Summer 2020 | Volume 104 Number 2

POINT / COUNTERPOINT Should conservatives embrace class actions as the alternative to government regulation for policing corporate misconduct? Affection for the class-action lawsuit has typically split along political lines, with […]

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Civic Education: The Key to Preserving Judicial Independence

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Summer 2020 | Volume 104 Number 2

At a time when the branches of government are making daily headlines, how do we educate the public about a fair and impartial judiciary and its vital role in our […]

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Judicial Independence: Tweak the Guiding Paradigm

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Summer 2020 | Volume 104 Number 2

Over time, the public has simply ceased to believe judges when they say that they follow the law, and nothing but. If judges impose their ideological policy preferences, the argument […]

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