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 […]
by Lee Rosenthal and Gregory P. Joseph
Vol. 101 No. 1 (2017) | Citizen-centered CourtsWhat 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 […]
by Gregory Mize and Thomas A. Balmer
Vol. 101 No. 1 (2017) | Citizen-centered CourtsMany 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 […]
by Jeremy Fogel
Vol. 101 No. 1 (2017) | Citizen-centered CourtsJudges, 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 […]
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 […]
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 […]
by Richard Arnold, Graeme Dinwoodie, Lionel Bently and Estelle Derclaye
Vol. 101 No. 2 (2017) | Can science save justice?FOUR 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 […]
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 […]
“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 […]
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 […]