Feature
Rule of Law, Criminal Law, Constitutional Law
The Emergence of the American Constitutional Law Tradition
Vol. 103 No. 1 (2019) | Navigating Rough SeasMy title is “The Emergence of the American Constitutional Law Tradition,” and what I want us to think about today is the process by which American constitutional law came to […]
Law & Culture, State Courts
State Judicial Selection: Reforms to Promote a Fair and Independent Judiciary
Vol. 103 No. 1 (2019) | Navigating Rough SeasLess than a generation ago, state supreme court elections were subdued affairs. Candidates — to the extent they actively campaigned at all — primarily discussed their qualifications and backgrounds. Political […]
Technology
10 Things Judges Should Know About AI
by Jeff Ward
Vol. 103 No. 1 (2019) | Navigating Rough SeasWith recent and dramatic advances in the capacities of machine learning, we are now beginning to see artificial intelligence (AI) tools come into their own. This matters for our judiciary, not […]
Federal Courts
Ten Years from the Bottom
by Lee Reiners
Vol. 103 No. 2 (2019) | Pay NCAA athletes?March 2009 marked the bottom of the worst stock market decline the United States has seen since the Great Depression. In the 17 months leading up to that date, the […]
Federal Courts, Constitutional Law
Excerpts from Unexampled Courage
Vol. 103 No. 2 (2019) | Pay NCAA athletes?Sergeant Isaac Woodard had just completed a three-year tour in a segregated unit of the United States Army. He boarded a Greyhound bus in Augusta, Ga., that would take him […]
Federal Courts
Sports in the Courts: The NCAA and the Future of Intercollegiate Revenue Sports
by Paul Haagen
Vol. 103 No. 2 (2019) | Pay NCAA athletes?On February 20, 2019, the Duke men’s basketball team met the team from the University of North Carolina at Cameron Indoor Stadium in Durham, North Carolina. The much-hyped game featured […]
Court Administration, Technology, State Courts, Federal Courts, Criminal Law
Assessing Risk: The Use of Risk Assessment in Sentencing
by Brandon Garrett and John Monahan
Vol. 103 No. 2 (2019) | Pay NCAA athletes?Judges are using risk assessment instruments in criminal cases more than ever before. Their role is increasingly prominent at all stages of the criminal justice system, including policing, pretrial detention, […]
Court Administration, State Courts
Taking “Beyond a Reasonable Doubt” Seriously
Vol. 103 No. 2 (2019) | Pay NCAA athletes?Editor’s note: This article was written by Judge Jon O. Newman during his tenure as the Bolch Judicial Institute’s inaugural Distinguished Judge in Residence. The Institute’s Distinguished Judge in Residence […]
Court Administration, State Courts, Criminal Law
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, […]
Rule of Law, Constitutional Law
Advancing the Rule of Law
by David F. Levi, Samuel A. Alito, Anthony M. Kennedy and Allyson K. Duncan
Vol. 103 No. 2 (2019) | Pay NCAA athletes?Excerpts from the 2019 Bolch Prize for the Rule of Law ceremony On April 11, 2019, the Bolch Judicial Institute presented its inaugural Bolch Prize for the Rule of Law […]