Perspective

Illustration of old fashioned movie projector on tripod ,

Cameras Belong in the Supreme Court

by and

Vol. 101 No. 2 | 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, […]

Read More »

Stylized image of Lady Justice

Criticism of the Judiciary: The Virtue of Moderation

by

Vol. 101 No. 2 | Can science save justice?

Former Italian Prime Minister Silvio Berlusconi once described the judiciary as the “cancer of democracy.”1 This presumably had much to do with his personal situation of being accused several times […]

Read More »

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

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

by

Vol. 102 No. 1 | 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 […]

Read More »

,

To Pay or Not To Pay?

by

Vol. 103 No. 3 | 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, […]

Read More »

meyer levenson summer 2018 , ,

Reflections on a Reentry Court

by and

Vol. 102 No. 2 | 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 […]

Read More »

,

A(nother) New Plan for Clerkship Hiring

by and

Vol. 102 No. 2 | 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 […]

Read More »

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

by

Vol. 102 No. 2 | 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 […]

Read More »

Why can't I just Review in Outlook?

Why Can’t I Just Review it in Outlook?

by and

Vol. 102 No. 1 | 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 […]

Read More »

Melted ice cream , ,

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

by

Vol. 102 No. 3 | 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 […]

Read More »

, ,

Continuing to Close the Courthouse Doors?

by

Vol. 101 No. 4 | Equal opportunity?

The Supreme Court’s October Term 2016 was unusual because from the first Monday in October until the April argument calendar, there were only eight justices on the bench. This affected […]

Read More »