American Judges Association



Date of this Version



Court Review, Volume 50, Issue 3 (2014)


Copyright American Judges Association. Used by permission.


Our issue begins with Professor Todd Pettys’ annual review of the United States Supreme Court’s civil cases from the past Term. This Term, much of the notable action was on the civil side—rulings on the Affordable Care Act, the First Amendment, campaign finance, affirmative action, the religious rights of closely held corporations, and more. American Judges Association members who have given the AJA their e-mail addresses received this article as soon as it was published, only a month after the end of the Court’s Term.

Professor Donna Shestowsky summarizes the findings of research she conducted in which she studied how litigants evaluate legal procedures (e.g., mediation, nonbinding arbitration, trial) at the inception of their civil cases. Her results are consistent with the procedural-justice findings Court Review articles have been highlighting for years: Litigants prefer procedures that provide them with the opportunity for direct participation in the resolution of their cases.