Law & Culture

Book Review: Evolving the Courts
Vol. 99 No. 3 (2015) | Fixing DiscoveryAs society evolves, should state courts likewise evolve? Should courts replace or, at a minimum, augment their traditional roles in the adversarial system that defines our nation’s judicial process? Should […]

Judicial Honors and Milestones: Spring 2016
Vol. 100 No. 1 (2016) | 100 Years of JudicatureSteven 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 […]

Learned Hand’s Spirit of Liberty: A Lesson for Our Times
Vol. 105 No. 3 (2021) | Leaving AfghanistanChief 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.

Criticizing the Court: How opinionated should opinions be?
by Orin Kerr and Michael C. Dorf
Vol. 105 No. 3 (2021) | Leaving AfghanistanThe 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, […]

Judicial Courtesy and Respect for People’s Time
by Cynthia Gray
Vol. 100 No. 1 (2016) | 100 Years of JudicatureThe 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 […]

Letters to the Editor: Spring 2016
Vol. 100 No. 1 (2016) | 100 Years of JudicatureDon’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 […]

Polarization and Partisanship in State Supreme Court Elections
Vol. 105 No. 3 (2021) | Leaving AfghanistanClick 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-call […]

Taking Center Stage: The Virginia Revival Model Courtroom
by Justine Parry Welch and Robert J. Conrad Jr.
Vol. 105 No. 3 (2021) | Leaving AfghanistanCourthouses serve as monuments to our legal tradition, so a willingness to reconsider design assumptions is essential to the continuing vitality of jury trials.

Statutes — Clear or Confusing — What is a judge’s responsibility?
Vol. 100 No. 1 (2016) | 100 Years of JudicatureSecond 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, […]

The importance of signposting — and following through
Vol. 105 No. 3 (2021) | Leaving AfghanistanSignposting is easy to illustrate. Not this: “The defendant claims . . . . The defendant also claims . . . . Finally, the defendant claims . . . .” […]