Law & Culture

Book Review: We, the People – Whoever That Is
Vol. 101 No. 2 (2017) | Can science save justice?On February 22, The Washington Post added a sub-banner to its front page. Beneath the words “Washington Post” was the phrase, “Democracy Dies In Darkness.” This generated a predictable degree […]

In This Edition (Table of Contents)
Vol. 104 No. 3 (2020-21) | Judges on the MarchClick here to view and download the Table of Contents from the print edition.

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 […]

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.

From The Publisher
Vol. 104 No. 2 (2020) | Coping with COVIDIn this edition of Judicature, published during a difficult time in our national history, we look at enduring themes and new, pressing challenges. The American Judicature Society, founded in 1913 […]

The New Rap Sheet: Prosecuting Crimes, Chilling Free Speech
by SpearIt
Vol. 104 No. 2 (2020) | Coping with COVIDWith 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 […]

The Plague of Excessive Force: Working Together to Find a Cure
by David F. Levi, Barry Friedman, Ashley Allison, Lori Lightfoot and Art Acevedo
Vol. 104 No. 2 (2020) | Coping with COVIDIn 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 […]

I Recommend: Nino and Me: An Intimate Portrait of Scalia’s Last Years
|Collaborative writing can be a delicate endeavor for many judges, especially when collaborating with someone who is not a judge. Bryan Garner’s newest book, Nino and Me, offers not just an […]

From The Publisher
Vol. 104 No. 1 (2020) | A Clearer ViewWe are mourning the unexpected death of a friend, colleague, and visionary, Francis McGovern, whose contributions to the resolution of mass torts are highlighted in an interview (see page 12) […]

In Memoriam: Francis McGovern, Legal Innovator
Vol. 104 No. 1 (2020) | A Clearer ViewDuke Law Professor Francis E. McGovern, renowned for his expertise in alternative dispute resolution (ADR) and his innovative work as a special master and mediator overseeing or advising on the […]