Judging
Point/Counterpoint
A Speech Code for Lawyers?
by Eugene Volokh and Keith Swisher
Vol. 101 No. 1 (2017) | Citizen-centered CourtsIn August 2016, the American Bar Association amended its model rules of professional conduct by banning professional conduct that constitutes harassment or discrimination. Some cheer the new rule as a […]
Redlines
Hold the Parentheticals, Please (PDF)
Vol. 101 No. 1 (2017) | Citizen-centered CourtsOur writing guru Joseph Kimble offers tips for enlisting the dash and for avoiding legalese and silly, distracting parentheticals. Original According to the Plaintiff, Defendants Exxon Mobil Corporation (“Exxon”), Badger […]
Letters
As I See It: Updates from the Center for Judicial Studies
Vol. 101 No. 1 (2017) | Citizen-centered CourtsDuke Law School Dean David F. Levi established the Center for Judicial Studies five years ago to bring together the strengths of the bench, bar, and academy to improve the […]
Briefs
Salary by Committee
Vol. 101 No. 1 (2017) | Citizen-centered CourtsAs the Great Recession ends, judicial salaries — stagnant for most of that period — appear to be on the rise. But a long-running debate over the role of judicial […]
From the Editorial Board Chair
Editor’s Note: Relentlessly Relevant
Vol. 101 No. 1 (2017) | Citizen-centered CourtsFrom the Editor-in-Chief Chief Justice John Roberts created a stir in 2011 for suggesting that much legal scholarship offers scant practical insight. “Pick up a copy of any law review,” […]
Redlines
A better first paragraph, please (PDF)
Vol. 101 No. 2 (2017) | Can science save justice?Start strong. Our writing guru, Joseph Kimble, breaks down an opinion’s first paragraph to show a better way. Original Pending before the Court is a letter motion by plaintiff Amy […]
A Finer Point
Empty Chairs
Vol. 104 No. 3 (2020-21) | Judges on the MarchThe 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 […]
In Memoriam
In Memoriam: Ruth Bader Ginsburg
by M. Margaret McKeown, Stephen Breyer and Robert Katzmann
Vol. 104 No. 3 (2020-21) | Judges on the March“The longer you knew her, the more you liked her.” Shortly after I learned of Ruth’s passing, I thought: A great Justice; A woman of valour; A rock of righteousness; […]
Feature
Getting Explicit About Implicit Bias
by Jeffrey Rachlinski, Andrew J. Wistrich and Bernice B. Donald
Vol. 104 No. 3 (2020-21) | Judges on the MarchTo better understand the effect of implicit bias in the courtroom, Judge Bernice Donald of the United States Court of Appeals for the Sixth Circuit talked with Professors Jeffrey Rachlinski and Andrew Wistrich of Cornell Law School.
Point/Counterpoint
Qualified Immunity: A Shield Too Big?
by Kyle Hawkins, Clark Neily, Fred Smith Jr. and Jay Schweikert
Vol. 104 No. 3 (2020-21) | Judges on the MarchJudicial 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 […]