Law & Culture

Learned Hand’s Spirit of Liberty: A Lesson for Our Times

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Fall/Winter 2021-22 | Volume 105 Number 3

Chief Judge D. Brooks Smith of the U.S. Court of Appeals for the Third Circuit reflects on the lessons of unity and tolerance embedded in Judge Learned Hand’s famous “Spirit of Liberty” speech.

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Criticizing the Court: How opinionated should opinions be?

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Fall/Winter 2021-22 | Volume 105 Number 3

The Supreme Court is, naturally, supreme. And in the vast majority of cases, lower courts dutifully enforce the law handed down by the Court without criticism or conversation. Sometimes, however, […]

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Taking Center Stage: The Virginia Revival Model Courtroom

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Fall/Winter 2021-22 | Volume 105 Number 3

Courthouses serve as monuments to our legal tradition, so a willingness to reconsider design assumptions is essential to the continuing vitality of jury trials.

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Polarization and Partisanship in State Supreme Court Elections

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Fall/Winter 2021-22 | Volume 105 Number 3

Click here to download this article’s accompanying appendix. The increase in partisan polarization in the United States over the last several decades is evident in a variety of ways: in roll […]

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The importance of signposting — and following through

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Fall/Winter 2021-22 | Volume 105 Number 3

Signposting is easy to illustrate. Not this: “The defendant claims . . . . The defendant also claims . . . . Finally, the defendant claims . . . .” […]

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Judicial Honors and Milestones: Spring 2016

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Spring 2016 | Volume 100 Number 1

Steven Leifman, 11th Judicial Circuit of Florida judge, received the William H. Rehnquist Award for Judicial Excellence at a dinner at the U.S. Supreme Court. The award is given by […]

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Cartoon of jurors waiting outside of a courtroom. Jurors are smoking, biting fingernails, reading, and gesturing.

Judicial Courtesy and Respect for People’s Time

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Spring 2016 | Volume 100 Number 1

The requirement that a judge be “patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, court staff, court officials, and others” means more than eschewing angry interruptions, sarcasm, or name […]

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Letters to the Editor

Letters to the Editor: Spring 2016

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Spring 2016 | Volume 100 Number 1

Don’t forget Rule 502 I hope that the Rule 502(d) cross-reference in the recent amendments to Rules 26(f) and 16(b) will cause all counsel — and judges — to be […]

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Cover of "Judging Statutes"

Statutes — Clear or Confusing — What is a judge’s responsibility?

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Spring 2016 | Volume 100 Number 1

Second Circuit Judge Robert A. Katzmann brings his unique professional career, including his distinguished experience and expertise in legislature, in academia, and as a jurist, to his masterful new book, […]

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Money on a sign with dark clouds in the background

Independent Spending in State Supreme Court Elections After Citizens United

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Spring 2016 | Volume 100 Number 1

In January 2010, the United States Supreme Court ruled that bans on independent expenditures by labor unions and corporations violated the First Amendment’s guarantee of free expression. Given the polarizing […]

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