Law & Culture

Free Speech on Campus: Examining the Campus Speech Debate Through a First Amendment Lens
by David F. Levi and Geoffrey R. Stone
Vol. 107 No. 3 (2024) | JustitiaPICTURED ABOVE: College students protest the Vietnam War at the University of Pennsylvania in the 1970s. (Classic Stock/Alamy stock Photo) Examining the campus speech debate through a First Amendment lens […]

The Battle for Your Brain: A Legal Scholarās Argument for Protecting Brain Data and Cognitive Liberty
by Paul W. Grimm and Nita A. Farahany
Vol. 107 No. 3 (2024) | JustitiaMindreading may sound like the stuff of science fiction, but these days, as they say, truth is stranger than fiction. Employers track employee attention and even moods. Technology users can […]

Redrafting All the Federal Court Rules: A 30-Year Odyssey
Vol. 107 No. 3 (2024) | JustitiaThe Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States oversees the work of the five advisory committees that draft proposed new and […]

Fostering a Culture of Civility in the Law
Vol. 107 No. 3 (2024) | JustitiaIn November 2023, all first-year Duke Law students (about 240) participated in a two-and-a-half hourĀ Civil Discourse and Difficult DecisionsĀ (CD3) program as part of the schoolās professionalism initiative. Students, facilitators, attorneys, […]

Postcard from Nairobi, Kenya: Q&A with Judge Sean Wallace
by Sean Wallace
Judicature International (2023) | An online-only publicationInĀ Judicature Internationalās Postcard Series, judges from around the world answer a series of questions about the structure of their court, challenges they face, unique experiences, and interactions on the bench. […]

Not Just Umpires ā Justices Are Fans, Too.
Vol. 107 No. 2 (2023) | Generative AI in the CourtsThe Supreme Courtās jurisprudence on baseball began in 1922 with a unanimous ruling in an anti-trust case, Federal Baseball Club v. National League, that holds to this day. But the Courtās relationship with baseball isnāt just through its cases. The men and women who have served on the Court include many committed baseball fans. […]

Neutrality Can Be Maddening to the Public. And to Judges, Too.
Vol. 107 No. 2 (2023) | Generative AI in the CourtsThose drawn to careers in law often want to save the world. When we decided on law school, we hoped to wield the armor and lance of the law to ensure civil rights, make people whole, and do justice. Some of us became judges, many accepting a reduction in salary to do public service. […]

Originalism Is Dead. Long Live Originalism.
by William H. Pryor and Conor Casey
Vol. 107 No. 2 (2023) | Generative AI in the CourtsCan common good constitutionalism replace originalism? Has originalism run its course? Yes, says Harvard Law Professor Adrian Vermeule inĀ Common Good ConstitutionalismĀ (Polity Press, 2022), which advocates for the bookās titular theory […]

En Banc or In Bank? Take a Seat . . .
by Matt Liles* and Anthony B. Sandersā
Vol. 107 No. 2 (2023) | Generative AI in the CourtsWhy do judges and lawyers use the phrase āen bancā? Why not just say āthe whole courtā instead of getting all Continental? If the Kingās English was good enough for […]

Inheritance of Hope
Vol. 107 No. 2 (2023) | Generative AI in the CourtsThirty-three years after Martin Luther Kingās āI Have a Dreamā speech at the Lincoln Memorial, I visited Washington, D.C., for the first time. It was Tuesday, Nov. 5, 1996 ā a presidential Election Day. […]