DLJ Online

Diversity, Tenure, and Dissent

Posted on May 18th, 2018

Volume 67 May 2018 Diversity, Tenure, and Dissent Joanna Shepherd††. Professor of Law, Emory University School of Law. This Article originally appeared on the Legal Workshop as part of the Duke Law Journal’s 2010 “Symposium on Evaluating Judging, Judges, and Judicial Institutions.”   The primary goal of the Duke Law Journal’s Symposium on Evaluating Judging, Continue Reading »

Talking Judges

Posted on May 18th, 2018

Volume 67 May 2018 TALKING JUDGES Jack Knight & Mitu Gulati††. Frederic Cleaveland Professor of Law and Political Science, Duke University; Professor of Law, Duke University School of Law. Thanks to our colleague and co-teacher, Dean David Levi (formerly the Chief Judge on the Eastern District of California), for numerous conversations about these issues. He Continue Reading »

Evaluating Judges

Posted on May 18th, 2018

Volume 67 May 2018 EVALUATING JUDGES Judge Harris Hartz††. Circuit Judge, U.S. Court of Appeals for the Tenth Circuit. This Article originally appeared on the Legal Workshop as part of the Duke Law Journal’s 2010 “Symposium on Evaluating Judging, Judges, and Judicial Institutions.”   Improving the quality of the judiciary is a noble cause. I Continue Reading »

Evaluating Judges and Judicial Institutions: Reorienting the Perspective

Posted on May 18th, 2018

Volume 67 May 2018 Evaluating Judges and Judicial Institutions: Reorienting the Perspective Mitu Gulati, David E. Klein & David F. Levi††. Professor of Law, Duke University School of Law; Associate Professor of Politics, University of Virginia; Dean and Professor of Law, Duke University School of Law. Previously, Dean Levi was the Chief Judge of the Continue Reading »

Justice and Judgment Among the Whomever: An Anthropological Approach to Judging

Posted on May 18th, 2018

Volume 67 May 2018 Justice and Judgment Among the Whomever: An Anthropological Approach to Judging John Conley††. William Rand Kenan Jr. Professor of Law, University of North Carolina School of Law. This Article originally appeared on the Legal Workshop as part of the Duke Law Journal’s 2010 “Symposium on Evaluating Judging, Judges, and Judicial Institutions.” Continue Reading »

Quantitative Legal History—Empirics and the Rule of Law in the Antebellum Judiciary

Posted on May 18th, 2018

Volume 67 May 2018 QUANTITATIVE LEGAL HISTORY—EMPIRICS AND THE RULE OF LAW IN THE ANTEBELLUM JUDICIARY Alfred L. Brophy††. D. Paul Jones Chairholder in Law, University of Alabama Law. I would like to thank the participants in Duke Law School’s Evaluating Judging, Judges, and Judicial Institutions conference for their assistance with these thoughts, especially Mitu Continue Reading »

Black Hole Apparitions

Posted on December 19th, 2017

Volume 67 December 2017 Black Hole Apparitions Lisa Bernstein††. Wilson-Dickinson Professor of Law and Aaron Director Research Scholar, The University of Chicago Law School, and International Research Fellow, Center for Corporate Reputation, Said School of Business, University of Oxford. I would like to thank Douglas Baird, Patrick Barry, Edward Bernstein, Brian Bix, Sadie Blanchard, Robin Continue Reading »

Pari Passu Clauses and the Skeumorph Problem in Contract Law

Posted on December 19th, 2017

Volume 67 December 2017 Pari Passu Clauses and the Skeuomorph Problem in Contract Law Douglas G. Baird††. Harry A. Bigelow Distinguished Service Professor, University of Chicago Law School. I thank Brent Yarnell for valuable research assistance, and I am particularly grateful to Mitu Gulati for his characteristically gracious and thoughtful comments. The Frank Greenberg Fund Continue Reading »

Cinderella Sovereignty

Posted on November 22nd, 2017

Volume 67 November 2017 CInderella Sovereignty Anna Gelpern††. Professor, Georgetown University Law Center. I am grateful to Joseph Blocher and Mitu Gulati for encouraging this thought experiment and for their helpful comments, and to Samuel Bolam, Alexander Dunn, Alexander Severance, and Emma Chapman for excellent research assistance. I owe special thanks to Marylin Raisch of Continue Reading »

Insurance Policies: The Granparents of Contractual Black Holes

Posted on November 22nd, 2017

Volume 67 November 2017 INSURANCE POLICIES: THE GRANDPARENTS OF CONTRACTUAL BLACK HOLES CHRISTOPHER C. FRENCH††. Christopher C. French is a Professor of Practice at Penn State Law School; J.D., Harvard Law School; B.A., Columbia University. PDF Introduction In their recent article, The Black Hole Problem in Commercial Boilerplate, [1][1]. Stephen J. Choi, Mitu Gulati & Continue Reading »

DLJ Online

Diversity, Tenure, and Dissent

Posted on May 18th, 2018

Volume 67 May 2018 Diversity, Tenure, and Dissent Joanna Shepherd††. Professor of Law, Emory University School of Law. This Article originally appeared on the Legal Workshop as part of the Duke Law Journal’s 2010 “Symposium on Evaluating Judging, Judges, and Judicial Institutions.”   The primary goal of the Duke Law Journal’s Symposium on Evaluating Judging, Continue Reading »

Talking Judges

Posted on May 18th, 2018

Volume 67 May 2018 TALKING JUDGES Jack Knight & Mitu Gulati††. Frederic Cleaveland Professor of Law and Political Science, Duke University; Professor of Law, Duke University School of Law. Thanks to our colleague and co-teacher, Dean David Levi (formerly the Chief Judge on the Eastern District of California), for numerous conversations about these issues. He Continue Reading »

Evaluating Judges

Posted on May 18th, 2018

Volume 67 May 2018 EVALUATING JUDGES Judge Harris Hartz††. Circuit Judge, U.S. Court of Appeals for the Tenth Circuit. This Article originally appeared on the Legal Workshop as part of the Duke Law Journal’s 2010 “Symposium on Evaluating Judging, Judges, and Judicial Institutions.”   Improving the quality of the judiciary is a noble cause. I Continue Reading »

Evaluating Judges and Judicial Institutions: Reorienting the Perspective

Posted on May 18th, 2018

Volume 67 May 2018 Evaluating Judges and Judicial Institutions: Reorienting the Perspective Mitu Gulati, David E. Klein & David F. Levi††. Professor of Law, Duke University School of Law; Associate Professor of Politics, University of Virginia; Dean and Professor of Law, Duke University School of Law. Previously, Dean Levi was the Chief Judge of the Continue Reading »

Justice and Judgment Among the Whomever: An Anthropological Approach to Judging

Posted on May 18th, 2018

Volume 67 May 2018 Justice and Judgment Among the Whomever: An Anthropological Approach to Judging John Conley††. William Rand Kenan Jr. Professor of Law, University of North Carolina School of Law. This Article originally appeared on the Legal Workshop as part of the Duke Law Journal’s 2010 “Symposium on Evaluating Judging, Judges, and Judicial Institutions.” Continue Reading »

Quantitative Legal History—Empirics and the Rule of Law in the Antebellum Judiciary

Posted on May 18th, 2018

Volume 67 May 2018 QUANTITATIVE LEGAL HISTORY—EMPIRICS AND THE RULE OF LAW IN THE ANTEBELLUM JUDICIARY Alfred L. Brophy††. D. Paul Jones Chairholder in Law, University of Alabama Law. I would like to thank the participants in Duke Law School’s Evaluating Judging, Judges, and Judicial Institutions conference for their assistance with these thoughts, especially Mitu Continue Reading »

Black Hole Apparitions

Posted on December 19th, 2017

Volume 67 December 2017 Black Hole Apparitions Lisa Bernstein††. Wilson-Dickinson Professor of Law and Aaron Director Research Scholar, The University of Chicago Law School, and International Research Fellow, Center for Corporate Reputation, Said School of Business, University of Oxford. I would like to thank Douglas Baird, Patrick Barry, Edward Bernstein, Brian Bix, Sadie Blanchard, Robin Continue Reading »

Pari Passu Clauses and the Skeumorph Problem in Contract Law

Posted on December 19th, 2017

Volume 67 December 2017 Pari Passu Clauses and the Skeuomorph Problem in Contract Law Douglas G. Baird††. Harry A. Bigelow Distinguished Service Professor, University of Chicago Law School. I thank Brent Yarnell for valuable research assistance, and I am particularly grateful to Mitu Gulati for his characteristically gracious and thoughtful comments. The Frank Greenberg Fund Continue Reading »

Cinderella Sovereignty

Posted on November 22nd, 2017

Volume 67 November 2017 CInderella Sovereignty Anna Gelpern††. Professor, Georgetown University Law Center. I am grateful to Joseph Blocher and Mitu Gulati for encouraging this thought experiment and for their helpful comments, and to Samuel Bolam, Alexander Dunn, Alexander Severance, and Emma Chapman for excellent research assistance. I owe special thanks to Marylin Raisch of Continue Reading »

Insurance Policies: The Granparents of Contractual Black Holes

Posted on November 22nd, 2017

Volume 67 November 2017 INSURANCE POLICIES: THE GRANDPARENTS OF CONTRACTUAL BLACK HOLES CHRISTOPHER C. FRENCH††. Christopher C. French is a Professor of Practice at Penn State Law School; J.D., Harvard Law School; B.A., Columbia University. PDF Introduction In their recent article, The Black Hole Problem in Commercial Boilerplate, [1][1]. Stephen J. Choi, Mitu Gulati & Continue Reading »