Federal Courts

Sports in the Courts: The NCAA and the Future of Intercollegiate Revenue Sports

by Paul Haagen

Summer 2019 | Volume 103 Number 2

On February 20, 2019, the Duke men’s basketball team met the team from the University of North Carolina at Cameron Indoor Stadium in Durham, North Carolina. The much-hyped game featured Continue Reading »

International Shoe

Has Shoe Run Its Course?

by David W. Ichel

Spring 2019 | Volume 103 Number 1

How will recent Supreme Court decisions on personal jurisdiction impact the legacy of International Shoe and the future of complex litigation? In just a few years, the Supreme Court has Continue Reading »

Cross Border Security

Overseas Obligations: An Update on Cross-Border Discovery

by Sandra Jeskie and Michael Baylson

Spring 2019 | Volume 103 Number 1

An article published in the Winter 2016 edition of Judicature provided an overview of case law and approaches for handling cross-border discovery in litigation. Since then, there have been some Continue Reading »

Hornby Spring 2019

Can Federal Sentencing Remain Transparent?

by D. Brock Hornby

Spring 2019 | Volume 103 Number 1

Criminal trials have virtually disappeared in many federal courtrooms.[1] According to a recent U.S. Sentencing Commission report, “[i]n recent years, 97 percent of federal defendants convicted of a felony or Continue Reading »

51 Imperfect Solutions: State and Federal Judges Consider the Role of State Constitutions

by David F. Levi, Allison Eid, Joan Larsen and Goodwin Liu

Spring 2019 | Volume 103 Number 1

Judge Jeffrey Sutton is one of our most respected and admired federal appellate judges. He has served on the Sixth Circuit, with chambers in Columbus, Ohio, since his appointment to Continue Reading »

A Blinding, An Awakening, and a Journey Through Civil Rights History

by Amelia Ashton Thorn

Summer 2019 | Volume 103 Number 2

Sergeant Isaac Woodard had just completed a three-year tour in a segregated unit of the United States Army. He boarded a Greyhound bus in Augusta, Ga., that would take him Continue Reading »

Assessing Risk: The Use of Risk Assessment in Sentencing

by Brandon Garrett and John Monahan

Summer 2019 | Volume 103 Number 2

Judges are using risk assessment instruments in criminal cases more than ever before. Their role is increasingly prominent at all stages of the criminal justice system, including policing, pretrial detention, Continue Reading »

Edwards-Summer2018

Rights That Made the World Right: How Freed Slaves Extended the Reach of Federal Courts and Expanded our Understanding of the Fourteenth Amendment

by Laura Edwards

Summer 2018 | Volume 102 Number 2

In 1870, Maria Mitchell, an African American woman in Edgecombe County, North Carolina, did something that she could not have done when she was enslaved: She “talked for her rights.” Continue Reading »

Summer 2019 Unfulfilled Precedent

Precedent’s Unfulfilled Promise: Re-examining the role of stare decisis

by Marin K. Levy and Richard Re

Summer 2019 | Volume 103 Number 2

The importance of precedent seems obvious — after all, following precedent is itself precedential. But new cases and questions in front of the Supreme Court have fostered a deeper study Continue Reading »

Excerpts from Unexampled Courage

by Richard Gergel

Summer 2019 | Volume 103 Number 2

Sergeant Isaac Woodard had just completed a three-year tour in a segregated unit of the United States Army. He boarded a Greyhound bus in Augusta, Ga., that would take him Continue Reading »