Federal Courts

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 »

Ten Years from the Bottom

by Lee Reiners

Summer 2019 | Volume 103 Number 2

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 Continue Reading »

Table for Nine

by Clare Cushman

Fall/Winter 2018 | Volume 102 Number 3

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 Continue Reading »

melted ice cream

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

by Gregg Costa

Fall/Winter 2018 | Volume 102 Number 3

There can be too much of a good thing. We know that’s true for food and drink, but we haven’t yet realized it’s also true for judicial clerkships. There has Continue Reading »

eyeglasses

Ghosting: The Courts’ Views on Ghostwriting Ethics Are Wildly Divergent. It’s Time to Find Uniformity and Enhance Access to Justice

by Jona Goldschmidt

Fall/Winter 2018 | Volume 102 Number 3

Since the mid-1990s, advocates for increased access to justice have touted unbundled (or limited-scope, or discrete-task) legal services as a means of distributing legal services to those unable to afford Continue Reading »