Perspective

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Neutrality Can Be Maddening to the Public. And to Judges, Too.

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Vol. 107 No. 2 (2023) | Generative AI in the Courts

Those drawn to careers in law often want to save the world. When we decided on law school, we hoped to wield the armor and lance of the law to ensure civil rights, make people whole, and do justice. Some of us became judges, many accepting a reduction in salary to do public service. […]

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Cameras Belong in the Supreme Court

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Vol. 101 No. 2 (2017) | Can science save justice?

On Jan. 24, 2017, the United Kingdom’s Supreme Court issued its monumental decision concerning the fate of Brexit, a legal ruling with major implications for the people of England, Europe, […]

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Stylized image of Lady Justice

Criticism of the Judiciary: The Virtue of Moderation

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Vol. 101 No. 2 (2017) | Can science save justice?

Former Italian Prime Minister Silvio Berlusconi once described the judiciary as the “cancer of democracy.” This presumably had much to do with his personal situation of being accused several times […]

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How lockhart Really Should have been decided: Canons of Construction are Key

How Lockhart Really Should Have Been Decided: Canons of Construction Are Key

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Vol. 102 No. 1 (2018) | Forensic Fail

In the winter 2017 issue of this journal, my friend and colleague Professor Joseph Kimble undertook an interesting exercise: rewriting the U.S. Supreme Court’s decision in Lockhart v. United States1 […]

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To Pay or Not To Pay?

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Vol. 103 No. 3 (2019) | Fees, Fines, and Bail

Attorney, ESPN analyst, and former NCAA basketball player Jay Bilas weighs in on the debate over paying collegiate athletes The cover story of the summer 2019 edition of Judicature was, […]

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Reflections on a Reentry Court

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Vol. 102 No. 2 (2018) | Rights That Made The World Right

Kevin hesitates in the doorway before entering Courtroom 3. When Kevin was 26, he was tried and sentenced in this courtroom. The judge who presided over his trial and sentencing […]

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A(nother) New Plan for Clerkship Hiring

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Vol. 102 No. 2 (2018) | Rights That Made The World Right

On February 28, 2018, an unofficial ad-hoc committee of federal judges announced a new version of a law clerk hiring plan, a revision of an earlier system that was tried […]

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Not So Fast: A Response to the Garner Response to My Article on Lockhart

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Vol. 102 No. 2 (2018) | Rights That Made The World Right

In the Spring 2018 edition of Judicature, Bryan Garner, an old friend, responded to my article in the previous issue,[1] an article that took the form of a mock opinion […]

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Why can't I just Review in Outlook?

Why Can’t I Just Review it in Outlook?

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Vol. 102 No. 1 (2018) | Forensic Fail

Email is pervasive in discovery. But using familiar tools for document review is a bad idea. Here’s why. Even in the smallest cases these days, electronic data — especially email […]

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Clerking to Excess? The Case Against Second (and Third and Fourth) Clerkships

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Vol. 102 No. 3 (2018) | Crowdsourcing and Data Analytics

There can be too much of a good thing. We know that’s true for food and drink, but we haven’t yet realized it’s also true for judicial clerkships. There has […]

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