Author: Duke Law Journal


Volume 60 May 2011 Number 8


Volume 60 May 2011 Number 8


Transmitting, Editing, and Communicating: Determining What “The Freedom of Speech” Encompasses

Stuart Minor Benjamin

Supervising Managed Services

James B. Speta

The Network Utility

Kevin Werbach


Agency Threats

Tim Wu


Myspace, Yourspace, But Not Theirspace: The Constitutionality of Banning Sex Offenders From Social Networking Sites

Jasmine S. Wynton


Volume 60 March 2011 Number 6


Volume 60 March 2011 Number 6


Unbundling Risk

Lee Anne Fennell


Mohammed Jawad and the Military Commissions of Guantánamo

David J. R. Frakt


A Quest for Fair and Balanced: The Supreme Court, State Courts, and the Future of Same-Sex Marriage Review after Perry

Chase D. Anderson

Where Are My Children … and My Rights? Parental Rights Termination as a Consequence of Deportation

C. Elizabeth Hall


Volume 60 February 2011 Number 5


Volume 60     February 2011     Number 5


Executive Deference in U.S. Refugee Law: Internationalist Paths Through and Beyond Chevron

Bassina Farbenblum

Prescription for Fairness: A New Approach to Tort Liability of Brand-Name and Generic Drug Manufacturers

Allen Rostron


Relevance and Fairness: Protecting the Rights of Domestic-Violence Victims and Left-Behind Fathers under the Hague Convention on International Child Abduction

Noah L. Browne

“There Is Something Unique … about the Government Funding of the Arts for First Amendment Purposes”: An Institutional Approach to Granting Government Entities Free Speech Rights

Leslie Cooper Mahaffey


Volume 60 January 2011 Number 4


Volume 60     January 2011     Number 4


Blind Dates: When Should the Statute of Limitations Begin to Run on a Method-of-Execution Challenge?

Ty Alper

Rethinking Novelty in Patent Law

Sean B. Seymore


Fee Shifting in Investor-State Arbitration: Doctrine and Policy Justifying Application of the English Rule

David P. Riesenberg

Congressional Manipulation of the Sentencing Guideline for Child Pornography Possession: An Argument For or Against Deference?

John Gabriel Woodlee


Volume 60 December 2010 Number 3


Volume 60   November 2010   Number 3

Special Symposium Issue
2010 Civil Litigation Review Conference


Progress in the Spirit of Rule 1

John G. Koeltl


Discovering a Better Way: The Need for Effective Civil Litigation Reform

John H. Beisner

Politics and Civil Procedure Rulemaking: Reflections on Experience

Paul D. Carrington

Judicial Case Management: Caught in the Crossfire

Steven S. Gensler

The Present Plight of the United States District Courts

Patrick E. Higginbotham

Defining the Problem of Cost in Federal Civil Litigation

Emery G. Lee III & Thomas E. Willging

Sanctions for E-Discovery Violations: By the Numbers

Dan H. Willoughby, Jr., Rose Hunter Jones, & Gregory R. Antine


Volume 60 October 2010 Number 1


Volume 60       October 2010       Number 1


From Conley to Twombly to Iqbal: A Double Play on the Federal Rules of Civil Procedure

Arthur R. Miller


Correcting Mandatory Injustice: Judicial Recommendation of Executive Clemency

Joanna M. Huang

War of the Words: How Courts Can Use Dictionaries Consistent with Textualist Principles

Phillip A. Rubin

The Arab-Israeli Conflict and Civil Litigation against Terrorism

Adam N. Schupack


Volume 59 May 2010 Number 8


Volume 59       May 2010       Number 8


Judicial Specialization and the Adjudication of Immigration Cases

Lawrence Baum

A Diversion of Attention? Immigration Courts and the Adjudication of Fourth and Fifth Amendment Rights

Jennifer M. Chacón

Restructuring Immigration Adjudication

Stephen H. Legomsky

The Rights of Others: Legal Claims and Immigration Outside the Law

Hiroshi Motomura

Constraint through Delegation: The Case of Executive Control over Immigration Policy

Cristina M. Rodríguez


Practical Impediments to Structural Reform and the Promise of Third Branch Analytic Methods: A Reply to Professors Baum and Legomsky

Russell R. Wheeler


Volume 59 April 2010 Number 7


Volume 59      April 2010      Number 7


The Last Bankrupt Hanged: Balancing Incentives in the Development of Bankruptcy Law

Emily Kadens

Administrative Law, Filter Failure, and Information Capture

Wendy E. Wagner


Robinson O. Everett

Dean David F. Levi, Walter Thompson Cox III, Scott L. Silliman & James M. Markham


Protecting Shareholder Access to Director Elections: A Response to CA, Inc. v. AFSCME Urging the Adoption of a Blasius Standard of Review for the Exercise of a Fiduciary-Out Clause

Christopher Fawal

Retrieve All Pieces


Volume 59 Symposium on Evaluating Judging, Judges, and Judicial Institutions


Volume 59

Symposium on Evaluating Judging, Judges, and Judicial Institutions

In late September, a distinguished group of federal and state-court judges, legal scholars, and political scientists gathered at Duke Law School to discuss how best to study and rate judicial performance. The goal of the invitation-only, two-day workshop was to strengthen and broaden the theoretical foundation of empirical research to better evaluate the quality and legitimacy of judicial decisionmaking. Participants included an equal number of jurists, theoretical scholars, and empiricists who identified unanswered or inadequately addressed questions that can serve as the basis for discussion on how to advance empirical study of the judiciary.

Dean David F. Levi, former chief U.S. district judge for the Eastern District of California, organized the workshop, titled “Evaluating Judging, Judges and Judicial Institutions,” along with Professor G. Mitu Gulati of Duke Law School and Professor David E. Klein of the Woodrow Wilson Department of Politics at the University of Virginia, both of whom have undertaken scholarly research on the subject. The workshop was funded with a grant from the National Science Foundation.

The workshop produced nine short scholarly articles on topics ranging from how empiricists can improve their measurements of judges to why empiricists can never successfully measure judges. These articles are exclusively available on the Legal Workshop.

Currently available articles include:

Mitu Gulati, David E. Klein & David F. Levi, Evaluating Judges and Judicial Institutions: Reorienting the Perspective

Marin K. Levy, Kate Stith & José A. Cabranes, The Costs Of Judging Judges By The Numbers

Forthcoming articles include:

Joanna Shepherd, Diversity, Tenure, and Dissent (Available March 2, 2010)

Emily Sherwin, Investigating Judicial Responses to Rules (Available March 4, 2010)

Patrick S. Shin, Distinguishing Causal and Normative Questions in Empirical Studies of Judging (Available March 9, 2010)

Judge Harris Hartz, Evaluating Judges (Available March 11, 2010).

Jack Knight & Mitu Gulati, Talking Judges (Available March 16, 2010)

Alfred L. Brophy, Quantitative Legal History: Empirics and the Rule of Law in the Antebellum Judiciary (Available March 18, 2010)

Brian Z. Tamanaha, Devising Rule of Law Baselines: The Next Step in Quantitative Studies of Judging (Available March 25, 2010)

Please visit the Legal Workshop to access these articles and other short scholarly essays.