Federal Courts

The Conservative Case for Class Actions

by Brian Fitzpatrick and John H. Beisner

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 Continue Reading »

Civic Education: The Key to Preserving Judicial Independence

by Judicature Staff

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 Continue Reading »

Judicial Independence: Tweak the Guiding Paradigm

by Charles Geyh

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 Continue Reading »

Protecting Fair and Impartial Courts: Reflections on Judicial Independence

by David F. Levi

Summer 2020 | Volume 104 Number 2

I speak today about the importance of fair and impartial courts and the role of judicial independence in achieving that goal. I begin with two stories. Some years ago, my Continue Reading »

Experts in the Hot Tub at the Court of Arbitration for Sport

by Doriane L. Coleman and Jonathan Taylor

Summer 2020 | Volume 104 Number 2

The Games of the XXXII Olympiad (Tokyo 2020) have been postponed to 2021 as a result of the novel coronavirus, but litigation at the Court of Arbitration for Sport (CAS) Continue Reading »

Better by the Dozen: Bringing Back the Twelve-Person Civil Jury

by Patrick Higginbotham, Lee Rosenthal and Steven Gensler

Summer 2020 | Volume 104 Number 2

A jury of 12 resonates through the centuries. Twelve-person juries were a fixture from at least the 14th century until the 1970s.1 Over 600 years of history is a powerful Continue Reading »

Coping with COVID: Continuity and Change in the Courts

by Sherri Carter, Karen Caldwell, Mark Drummond, Robin L. Rosenberg, Sam Thumma, Vaughn Walker and David F. Levi

Summer 2020 | Volume 104 Number 2

By now, our courts, state and federal, have adapted much of their work to digital platforms. But some procedures or litigation events do not easily or obviously translate to the Continue Reading »

Judicial Review and Parliamentary Supremacy

Judicial Review & Parliamentary Supremacy

by David Collins

Spring 2020 | Volume 104 Number 1

The American version of judicial review stands alone — and almost never stood at all If Chief Justice John Marshall could have been transported on Dr. Who’s “Tardis” back to Continue Reading »

Communication Breakdown: How Courts Do — and Don’t — Respond to Statutory Overrides

by Deborah A. Widiss

Spring 2020 | Volume 104 Number 1

Courts and Congress are, at times, engaged in a kind of ongoing “conversation” about statutory law. Congress has exclusive power to enact statutes — but when statutory language is unclear, Continue Reading »

the negotiation class

The Negotiation Class

by Francis McGovern, Elizabeth Burch and William Rubenstein

Spring 2020 | Volume 104 Number 1

Growing dockets have long been the mother of judicial invention. In 1968, Congress created the Judicial Panel on Multidistrict Litigation and authorized it to create multidistrict litigations (or MDLs) to Continue Reading »