Judicature

A forum for fact and opinion relating to all aspects of the administration of justice and its improvement. Contains articles, news, and letters related to legal field.

Articles from Vol. 94, No. 6, May/June

Another "View" of Fingerprint Evidence
Clearer exhibits better enable judges and jurors to evaluate the comparability of latent and known fingerprints.In the vast majority of cases in which the prosecution presents fingerprint testimony, the jury convicts. That result is not surprising. Most...
A TALE OF TWO NOMINEES: David Hamilton and Goodwin Liu
There are two nominees whose advice and consent journeys best represent the administration's early hopes for smooth success in the judicial selection process and its palpable disappointment as the 111th congressional session drew to a close. The two...
Courts under Attack
Although attacks on the courts are nothing new, the latest set of proposals seems to have reached new levels in both numbers and acrimony."We are going to take back control of our courts," one state senator recently proclaimed. Such statements are characteristic...
David Richert Retires as Editor of Judicature
Richert leaves extraordinary legacy as longest-serving editor in the journal's history.This issue marks David I his issue marks David Richert's last as Editor Richert's last as Editor of [udicature. He besan of Judicature. He began his distinguished...
Diversity on the Bench
Examining the first two years of Obama's presidency reveals that, in terms of judicial nominees, ethnic and gender diversity is the "change we can believe in.*1 Justice Sonia Sotomayor's confirmation as the first Latina to serve on the United States...
Hard Time: Reflections on Visiting Federal Inmates
A federal judge meets with those he sentenced.I was standing two feet away looking the killer straight into his eyes. I last saw htm 10 years ago. Then, his 19-year-old eyes were steely, his gaze piercing, emotionless. Was he really involved in the brutal...
New York Meets Challenge of Providing Interpreter Services
The very important, if economically challenging, effort to provide access to justice for all, may be stymied in some state courts by their inability to provide interpreters to those in need of such services. New York is one of the states taking very...
No Resolution in Sight
No resolution in sight by Stuart Shiffman Peculiar Institution: America's Death Penalty in an Age of Abolition, by David Garland. Belknap Press/Harvard University Press. 2010. 432 pages. $35.In January of 2011, the Illinois Legislature approved a bill...
OBAMA'S JUDICIARY at MIDTERM
THE CONFIRMATION DRAMA CONTINUESWhen Barack Obama assumed the presidency on January 20, 2009, he inherited a country struggling with an economy on the brink of reprising the Great Depression of the 1930s, two middle-eastern wars, crushing deficits, a...
Oregon Uses Volunteer Pro Tem Judges for Some Civil Cases
While pro tem, or temporary judges have become a feature in some states in an attempt to more efficientiy utilize judicial resources, the value of their use must be weighed against die potentially negative impression they create of the courts and dieir...
Partisan Makeup of the Bench
Despite Democrats winning the White House, a filibusterproof majority in the Senate,1 and more appointment opportunities than in recent times, President Obama was unable to significantly alter the overall partisan makeup of the bench. In fact, at the...
Some Notable Obama Appointees
Of the 59 lifetime lower federal court judges confirmed to courts of general jurisdiction, we offer here capsule biographies of some of the noteworthy appointees. Note that those profiled here were unanimously rated "Well Qualified" by die Standing Committee...
Supreme Court Nominations: The "Empathy" Litmus Test?
Judicial selection during die first two years of Obama's term was highlighted by his opportunity to name two new justices to die United States Supreme Court. However, well before those opportunities arose Obama signaled what he would look for in a potential...
The "State of the Society" and Our Thanks to Dave Richert
In this President's Report, I share some thoughts on the "state of the American Judicature Society." I also offer our thanks to long-time Judicature Editor Dave Richert on the eve of his retirement.State of the American Judicature SocietyI am pleased...
What Next?
What then, does the future hold for the Obama judicial selection process and its prospects for "doing better" in the second half of the administration's first term, the 112th Congress? For the OLP's Christopher Schroeder, the glass is both half empty...