Feature

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Jury Trials in a Pandemic Age

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Fall/Winter 2020–21 | Volume 104 Number 3

The foundation of our justice system is the jury trial. In criminal cases, the Sixth Amendment provides that “the accused shall enjoy the right to a speedy and public trial, […]

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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 Collapse of Judicial Independence in Poland: A Cautionary Tale

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Fall/Winter 2020–21 | Volume 104 Number 3

In late 2019, the Polish Sejm approved yet another law aimed at cabining the structure and function of the judiciary. The new law, popularly referred to as a “muzzle” law, empowers a disciplinary chamber to bring proceedings against judges for questioning the ruling party’s platform. The law allows the Polish government to fire judges, or cut their salaries, for speaking out against legislation aimed at the judiciary, or for questioning the legitimacy of new judicial appointees.

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Bold and Persistent Reform: The 2015 Amendments to the Federal Rules of Civil Procedure and the 2017 Pilot Projects

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Autumn 2017 | Volume 101 Number 3

At 6 p.m. on New Year’s Eve, 2016, as most Americans were settling in to watch college football games or preparing to go to a New Year’s Eve party, Chief […]

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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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On the Record: Lyrics in Judicial Writing

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Summer 2020 | Volume 104 Number 2

Judge Mark W. Klingensmith of Florida’s Fourth District Court of Appeal has always had rock and roll pumping through his veins. He played in a band during law school that […]

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Civic Education: The Key to Preserving Judicial Independence

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Summer 2020 | Volume 104 Number 2

At a time when the branches of government are making daily headlines, how do we educate the public about a fair and impartial judiciary and its vital role in our […]

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Protecting Fair and Impartial Courts: Reflections on Judicial Independence

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Summer 2020 | Volume 104 Number 2

I speak today about the importance of fair and impartial courts and the role of judicial independence in achieving that goal. I begin with two stories. Some years ago, my […]

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Experts in the Hot Tub at the Court of Arbitration for Sport

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Summer 2020 | Volume 104 Number 2

The Games of the XXXII Olympiad (Tokyo 2020) have been postponed to 2021 as a result of the novel coronavirus, but litigation at the Court of Arbitration for Sport (CAS) […]

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Better by the Dozen: Bringing Back the Twelve-Person Civil Jury

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Summer 2020 | Volume 104 Number 2

A jury of 12 resonates through the centuries. Twelve-person juries were a fixture from at least the 14th century until the 1970s.1 Over 600 years of history is a powerful […]

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