Feature
Court Administration
Judicial Security: Safeguarding Courts and Protecting Judges
Vol. 104 No. 3 (2020-21) | Judges on the MarchEfforts to strengthen security for judges and their families took on new urgency this year in the wake of the horrific murder of U.S. District Court Judge Esther Salas’s son […]
Global, Rule of Law
The Collapse of Judicial Independence in Poland: A Cautionary Tale
by John Macy and Allyson K. Duncan
Vol. 104 No. 3 (2020-21) | Judges on the MarchIn 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.
Global, Federal Courts
The Innovation and Limitations of Arbitral Courts
Vol. 104 No. 3 (2020-21) | Judges on the MarchIn recent years, governments from the state of Delaware to the Emirate of Dubai have created institutions specially designed to adjudicate transnational commercial disputes. These institutions are hybrids between courts […]
Court Administration, State Courts, Federal Courts
Jury Trials in a Pandemic Age
Vol. 104 No. 3 (2020-21) | Judges on the MarchThe 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, […]
Civil Law, Court Administration, Judging, Technology, Federal Courts
The Zooming of Federal Civil Litigation
by Lee Rosenthal, Scott Dodson and Christopher L. Dodson
Vol. 104 No. 3 (2020-21) | Judges on the MarchTwo great forces are upon us. One is COVID-19, a highly infectious disease that has disrupted society around the globe.1 The other is the constant push of technological advancement, which […]
Federal Courts
Bold and Persistent Reform: The 2015 Amendments to the Federal Rules of Civil Procedure and the 2017 Pilot Projects
by Jeffrey S. Sutton and Derek A. Webb
Vol. 101 No. 3 (2017) | Bold and Persistent ReformAt 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 […]
Court Administration, Law & Culture, State Courts, Criminal Law
The New Rap Sheet: Prosecuting Crimes, Chilling Free Speech
by SpearIt
Vol. 104 No. 2 (2020) | Coping with COVIDWith 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 […]
Court Administration
On the Record: Lyrics in Judicial Writing
Vol. 104 No. 2 (2020) | Coping with COVIDJudge 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 […]
Rule of Law, State Courts, Federal Courts
Judicial Independence: Tweak the Guiding Paradigm
by Charles Geyh
Vol. 104 No. 2 (2020) | Coping with COVIDOver time, the public has simply ceased to believe judges when they say that they follow the law, and nothing but. If judges impose their ideological policy preferences, the argument […]
Civics Education, Rule of Law, State Courts, Federal Courts
Civic Education: The Key to Preserving Judicial Independence
Vol. 104 No. 2 (2020) | Coping with COVIDAt 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 […]