Law & Culture

A China Diary: Judicature 1984

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Autumn 2016 | Volume 100 Number 3

On May 21, 1984, a 36-member delegation from the American Judicature Society left for a two-week visit to the People’s Republic of China. The trip was sponsored by People to People, […]

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Picking Up Where Aerospatiale Left Off: Merits-Based Discovery, Foreign Parties, And Uncertain Personal Jurisdiction

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Autumn 2016 | Volume 100 Number 3

It is now well established that a United States federal court may compel a foreign party challenging the court’s exercise of personal jurisdiction to engage in jurisdictional discovery pursuant to […]

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An Immigrant Judge’s Ode to Naturalization Ceremonies

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Spring 2021 | Volume 105 Number 1

Above: Judge Joseph in 2019 with her 92-year-old “adoptive” mother, Uctorieuse Destin, on the day Judge Joseph presided over Destin’s naturalization ceremony. COVID-19 has impacted all aspects of life, including […]

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Saving Our Profession: It’s Up to Us

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Spring 2017 | Volume 101 Number 1

A number of years ago, a man told me he had been charged with a crime. I asked him how his case was going. With all sincerity and with an […]

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Mindfulness and Judging

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Spring 2017 | Volume 101 Number 1

Judges, as our title implies, make judgments. Sometimes the process of making a judgment is straightforward, as when clearly written statute plainly applies to undisputed facts. But more often, the […]

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Speech bubbles

A Speech Code for Lawyers?

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Spring 2017 | Volume 101 Number 1

In 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 […]

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Qualified Immunity: A Shield Too Big?

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Fall/Winter 2020–21 | Volume 104 Number 3

Judicial 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 […]

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Getting Explicit About Implicit Bias

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Fall/Winter 2020–21 | Volume 104 Number 3

To 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.

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The New Rap Sheet: Prosecuting Crimes, Chilling Free Speech

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Summer 2020 | Volume 104 Number 2

With the Fourth Amendment gone, eyes are on the First // That’s why I’m spittin cyanide each and every verse These lyrics from American rap artist Paris’ 2003 album, Sonic […]

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The Plague of Excessive Force: Working Together to Find a Cure

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Summer 2020 | Volume 104 Number 2

In July, the “Coping with Covid” series shifted attention from one pandemic to another: the plague of excessive force by police officers. It is an old and long-standing problem receiving […]

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