Perspective

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Cameras Belong in the Supreme Court

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Summer 2017 | Volume 101 Number 2

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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Criticism of the Judiciary: The Virtue of Moderation

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Summer 2017 | Volume 101 Number 2

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 […]

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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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Spring 2018 | Volume 102 Number 1

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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Fall 2019 | Volume 103 Number 3

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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Summer 2018 | Volume 102 Number 2

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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Summer 2018 | Volume 102 Number 2

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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Summer 2018 | Volume 102 Number 2

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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Spring 2018 | Volume 102 Number 1

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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Fall/Winter 2018 | Volume 102 Number 3

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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Continuing to Close the Courthouse Doors?

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Winter 2017 | Volume 101 Number 4

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 […]

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