Feature
Law & Culture
John Marshall’s Judicial Robe: Witness to Constitutional History
Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper LitigationOver time, Chief Justice John Marshall’s black judicial robe has assumed a status as fabled as his opinion for the Court in Marbury v. Madison — and one that is just as steeped in myth. […]
Court Administration, Constitutional Law
Plea Bargains: Efficient or Unjust?
by Carissa Byrne Hessick, Jeffrey Bellin, Elana Fogel, Anjelica Hendricks, Erin Blondel and John Flynn
Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper LitigationThe vast majority of state and federal cases end in plea bargains. The practice has eased backlogs and may benefit some defendants — but the trade-offs, some say, are too […]
Court Administration
Case Management Reform: The Promise of Big Data (Sidebar)
by Richard Sander and Eric Helland
Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper LitigationIn November 2021, some 30 judges and scholars gathered in Santa Monica, Calif., to discuss the prospects for an emerging era of civil case management reform. The participants included proponents of […]
Court Administration
Managerial Judges: The Long View (Sidebar)
Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper LitigationIn a landmark law review article published four decades ago, Professor Judith Resnik expressed skepticism about the rise of “managerial judging.” Professor Resnik contrasted the emerging model of active judicial […]
Court Administration
Toward Fairer, Quicker, Cheaper Litigation: A Unified Theory of Civil Case Management
by Carolyn B. Kuhl and William F. Highberger
Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper LitigationIn the year 2000, the California court system created a complex litigation pilot program […]
Judging, Law & Culture
The State of Judges’ Well-Being: A Report on the 2019 National Judicial Stress and Resiliency Survey
by Terry A. Maroney, David X. Swenson, Joan Bibelhausen and David Marc
Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper LitigationJudges have always faced significant stressors, including the burden of consequential decision-making, exposure to disturbing evidence, and isolation. While every judicial assignment has its own mix of concerns, challenge is […]
Court Administration
Call All Jurors To Serve
Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper LitigationIn 1992, New York Chief Judge Judith S. Kaye charged 30 lawyers, judges, court administrators, academics, and citizens to find ways to improve the jury service experience for citizens who […]
Judging, Law & Culture
Pre-Deliberation Discussion Makes Sense
by Juan G. Villaseñor and Laurel Quinto
Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper LitigationAt every jury trial over which I preside, I tell prospective jurors that jury trials are a fundamental part of our judicial system and our system of government. I remind […]
Court Administration, Technology
Virtual Voir Dire Works — for Courts and Jurors
Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper LitigationAs the COVID-19 pandemic began rolling through the United States, medical staffs were as busy as they had ever been. News reports showed doctors and nurses grabbing quick naps between […]
Court Administration, Judging
Let Jurors Ask Questions
Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper LitigationThe medical malpractice trial involved a claim that an oncologist had delayed diagnosing the cancer in the plaintiff’s arm. As a result, his arm had to be amputated at the […]