Federal Courts

A(nother) New Plan for Clerkship Hiring

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Vol. 102 No. 2 (2018) | Rights That Made The World Right

On February 28, 2018, an unofficial ad-hoc committee of federal judges announced a new version of a law clerk hiring plan, a revision of an earlier system that was tried […]

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How Freed Slaves Extended the Reach of Federal Courts and Expanded our Understanding of the Fourteenth Amendment

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Vol. 102 No. 2 (2018) | Rights That Made The World Right

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 ā€œtalked for her rights.ā€ […]

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Precedentā€™s Unfulfilled Promise: Re-examining the Role of Stare Decisis

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Vol. 103 No. 2 (2019) | Pay NCAA athletes?

The importance of precedent seems obvious ā€” after all, following precedent is itself precedential. But new cases and questions in front of the Supreme Court have fostered a deeper study […]

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Excerpts from Unexampled Courage

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Vol. 103 No. 2 (2019) | Pay NCAA athletes?

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 […]

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Ten Years from the Bottom

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Vol. 103 No. 2 (2019) | Pay NCAA athletes?

March 2009 marked the bottom of the worst stock market decline the United States has seen since the Great Depression. In the 17 months leading up to that date, the […]

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Zion Williamson scoring a basket for Duke University

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

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Vol. 103 No. 2 (2019) | Pay NCAA athletes?

On February 20, 2019, the Duke menā€™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 […]

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Sketch of Supreme Court Justices eating lunch together

Table for Nine

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Vol. 102 No. 3 (2018) | Crowdsourcing and Data Analytics

Food traditions have always been important at the Supreme Court, as the justices have purposefully sought occasions to break bread together to reinforce cordiality and cooperation. Their most important culinary […]

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Melted ice cream

Clerking to Excess? The Case Against Second (and Third and Fourth) Clerkships

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Vol. 102 No. 3 (2018) | Crowdsourcing and Data Analytics

There can be too much of a good thing. We know thatā€™s true for food and drink, but we havenā€™t yet realized itā€™s also true for judicial clerkships. There has […]

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Old spectacles and ink pen on paper surface under beam of light

The Courtsā€™ Views on Ghostwriting Ethics

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Vol. 102 No. 3 (2018) | Crowdsourcing and Data Analytics

The Courtsā€™ Views on Ghostwriting Ethics Are Wildly Divergent. Itā€™s Time to Find Uniformity and Enhance Access to Justice. Since the mid-1990s, advocates for increased access to justice have touted […]

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A crowd of people

Crowdsourcing and Data Analytics: The New Settlement Tools

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Vol. 102 No. 3 (2018) | Crowdsourcing and Data Analytics

By protecting the right to a jury, the state and federal constitutions recognize the fundamental value of having civil and criminal disputes resolved by laypersons. Actual trials, however, are relatively […]

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