Constitutional Law
Writing about Justice Antonin Scalia’s writing is a daunting project indeed. The Justice plainly had a gift that is perhaps better savored than analyzed. As one privileged to be his […]
Rule of Law, Federal Courts, Constitutional Law
by Lee Rosenthal and Gregory P. Joseph
Spring 2017 | Volume 101 Number 1What precisely is American federalism? In their seminal work on federal jurisdiction, Felix Frankfurter and Wilber Katz allude to a “dynamic struggle” between federal and state power, the ebb and […]
Court Administration, State Courts
by Gregory Mize and Thomas A. Balmer
Spring 2017 | Volume 101 Number 1Many remember the alarming call to mission control from the Apollo 13 spacecraft crew. “Houston, we’ve had a problem.” Well, dear Judicature readers, we denizens of the judicial system have […]
Law & Culture, Judging
by Jeremy Fogel
Spring 2017 | Volume 101 Number 1Judges, as our title implies, make judgments. Sometimes the process of making a judgment is straightforward, as when clearly written statute plainly applies to undisputed facts. But more often, the […]
Judging, Technology
The judiciary is, in many respects, the least understood branch of government. The law can be mysterious and a bit frightening to those who do not work in the legal […]
State Courts
In the beginning, judges in the 13 original states either were appointed by the governor or selected by the legislature. Over the next 80 years, however, a majority of states […]
International
by Richard Arnold, Lionel Bently, Estelle Derclaye and Graeme Dinwoodie
Summer 2017 | Volume 101 Number 2FOUR EUROPEAN IP EXPERTS ASSESS THE LIKELY IMPACT of BREXIT on INTELLECTUAL PROPERTY RIGHTS in the UK AND EU — AND WHAT IT ALL MEANS for the UNITED STATES On […]
Civil Law, Federal Courts
AMENDED RULE 37(e) OF THE FEDERAL RULES OF CIVIL PROCEDURE (“RULE 37(e)”) BECAME EFFECTIVE ON DEC. 1, 2015. It emerged as a pithy and focused restatement of the best thinking […]
Technology
“Know thyself.” Inscribed on the Temple of Apollo at Delphi, and echoed down the halls of time by Plato, Pope, Franklin, and Emerson, there may be no more fundamental maxim […]
International, Court Administration, State Courts
In 2014, two years after graduating law school, I was appointed to serve as a municipal court judge in Guadalupe, Ariz.1 The town had the highest unemployment rate in Maricopa […]
