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. 91, No. 5, March/April

A Closer Look at Mandatory Arbitration for Consumers
Lack of real agreement, the unfairness of the repeat player effect, and the harm secret decisions are doing to our public justice system in mandatory arbitration for consumers have given traditional (i.e., business-to-business) ADR a bad name.In the...
AJS Revises Its Model Judicial Selection Provisions
The American Judicature Society's Model Judicial Selection Provisions offer exemplary language for establishing judicial nomination and evaluation processes of the highest quality. The provisions were first compiled in 1985 and revised in 1994. In early...
A Lesson in Judicial Selection from Kosovo
For the past year, I have had the privilege to work closely with the leaders of Kosovo in drafting a constitution for the world's newest country. It has been a remarkable experience as we have moved through the necessary steps-visioning, researching,...
Ducks Redux
In refusing to recuse following his duck-hunting trip with Vice President Cheney, Justice Scalia articulated a new bright-line rule, stating that the ordinary disqualification standards do not apply in "official capacity" cases. But is it actually the...
Is There a Better Way?
Is there a better way? by Albert P. Melone The Next justice: Repairing the Supreme Court Appointments Process, by Christopher L. Eisgruber. Princeton University Press. 2007. 252 pages. $27.95Few if any serious persons are satisfied with the current practices...
Judicial Campaign Oversight Committees' COMPLAINT HANDLING in the 2006 Elections: Survey and Recommendations
Other than candidates' self restraint, judicial campaign oversight committees serve as the only barrier against the "Barbarians at the Gate"Young mother with photo of child. "He was adorable. Stevie had just turned three when he was beaten and murdered....
Noteworthy
Journal of Court Innovation. $49 per year for two issues. The Journal was founded by the New York State Judicial Institute, the Center for Court Innovation, and Pace Law School to promote innovation among state courts. It seeks to bridge the worlds of...
The ATTORNEY GENDER GAP in U.S. Supreme Court Litigation
In 1869, Iowa granted Arabella A. Mansfield a law license; it was the first law license received by a woman in the U.S. In 1870, Ada Kepley graduated from the Union College of Law (now Northwestern University) and earned the status as the first female...
The Verdict on Juries
The American jury remains basically sound, the verdict is clearly in its favor.In reviewing debates and research evidence about jury trials for our book, American Juries: The Verdict (Prometheus Books, 2007), we have had the chance to reflect on the...