State Courts
Briefs
The Disappearing Probate Court
Vol. 103 No. 2 (2019) | Pay NCAA athletes?In 1967, Maine voters amended the state constitution to authorize the elimination of the stateās county-controlled, county-operated, county-funded Probate Courts.[1] In 2019, the Maine legislature debated a āconcept draftā enabling […]
In Conversation
51 Imperfect Solutions: State and Federal Judges Consider the Role of State Constitutions
by David F. Levi, Joan Larsen, Allison Eid, Goodwin Liu and Jeffrey S. Sutton
Vol. 103 No. 1 (2019) | Navigating Rough SeasJudge Jeffrey Sutton is one of our most respected and admired federal appellate judges. He has served on the Sixth Circuit, with chambers in Columbus, Ohio, since his appointment to […]
Feature
Change Agents: Looking to State Constitutions for Rights Innovations
Vol. 102 No. 2 (2018) | Rights That Made The World RightThe following is an excerpt from 51 Imperfect Solutions: States and the Making of American Constitutional Law (Ā© 2018 by Jeffrey Sutton, published by Oxford University Press. All rights reserved.) […]
Feature
Conversations of a Lifetime: The Power of the Sentencing Colloquy and How to Make It Matter
Vol. 103 No. 2 (2019) | Pay NCAA athletes?In recent years, there has been increased attention on sentencing, and particularly sentencing disparities. The thrust and focus of this attention have been on the statistics of sentencing and reforms, […]
Feature
Taking “Beyond a Reasonable Doubt” Seriously
Vol. 103 No. 2 (2019) | Pay NCAA athletes?Editorās note: This article was written by Judge Jon O. Newman during his tenure as the Bolch Judicial Instituteās inaugural Distinguished Judge in Residence. The Instituteās Distinguished Judge in Residence […]
Book Review
Does Merit Selection Work?
Vol. 103 No. 2 (2019) | Pay NCAA athletes?As states such as Iowa and Pennsylvania debate their judicial selection systems, whether merit selection works is the key question that motivates Greg Goelzhauserās innovative and timely inquiry in Judicial […]
Perspective
Clerking to Excess? The Case Against Second (and Third and Fourth) Clerkships
by Gregg Costa
Vol. 102 No. 3 (2018) | Crowdsourcing and Data AnalyticsThere can be too much of a good thing. We know thatās true for food and drink, but we havenāt yet realized itās also true for judicial clerkships. There has […]
Feature
The Courtsā Views on Ghostwriting Ethics
Vol. 102 No. 3 (2018) | Crowdsourcing and Data AnalyticsThe Courtsā Views on Ghostwriting Ethics Are Wildly Divergent. Itās Time to Find Uniformity and Enhance Access to Justice. Since the mid-1990s, advocates for increased access to justice have touted […]
Feature
Crowdsourcing and Data Analytics: The New Settlement Tools
by David Yokum, Christopher Robertson and Bernard Chao
Vol. 102 No. 3 (2018) | Crowdsourcing and Data AnalyticsBy protecting the right to a jury, the state and federal constitutions recognize the fundamental value of having civil and criminal disputes resolved by laypersons. Actual trials, however, are relatively […]
Feature
Guidance on New Rule 23 Class Action Settlement Provisions
Vol. 102 No. 3 (2018) | Crowdsourcing and Data AnalyticsOn Dec. 1, 2018, amendments to Federal Rule of Civil Rule of Procedure 23 take effect. The amendments require lawyers to provide additional information up front for the court to […]