Vol. 101 No. 3 (2017) - Bold and Persistent Reform

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What will AI mean for you?
by George Socha
Vol. 101 No. 3 (2017) | Bold and Persistent Reform“Artificial Intelligence in the Law” should be the tagline for what’s next in legal technology, if coverage in the legal press is any guide. Lawyers and vendors alike are extolling […]

From the Editor: Restraint
by James Griffith
Vol. 101 No. 3 (2017) | Bold and Persistent ReformIn a recent article concerning the supreme court confirmation process, Justice Ruth Bader Ginsburg — my former law school professor — was recently quoted as saying she hoped that in […]

Bullet points, yes. Unnecessary dates, no. (PDF)
by Joseph Kimble
Vol. 101 No. 3 (2017) | Bold and Persistent ReformREDLINES Our writing guru, Joseph Kimble, simplifies and adds punch with some fairly quick fixes. He notes: The opinion deals with Defendant’s motion to quash Plaintiff’s notice of deposition. Before […]

Securing Judges and Courts
by William Raftery
Vol. 101 No. 3 (2017) | Bold and Persistent ReformCourthouse security is increasingly seen as a statewide, state-level. Often thought of as a local issue to be handled exclusively by sheriffs and law enforcement, court security is becoming more […]

Out-of-Control Policing: Are Judges to Blame?
by Lee Rosenthal
Vol. 101 No. 3 (2017) | Bold and Persistent Reform“Unwarranted.” Few words mean as many things to hardworking judges. “Unwarranted” can mean that an action is “unauthorized,” as in “not permitted” or affirmatively “forbidden.” It can mean that an […]

Nice Try: When Contracts Seek to Preempt Judicial Discretion
by J. Travis Laster and Kenneth A. Adams
Vol. 101 No. 3 (2017) | Bold and Persistent ReformContracts can lead to litigation. It’s standard for drafters to anticipate litigation by including in a contract rules for interpreting it. That’s why contracts usually specify a governing law. And […]

Roundtable: The State of the Judiciary
by David F. Levi, H. Jefferson Powell, Don R. Willett, Ernest A. Young, Margaret H. Lemos and Carolyn B. Kuhl
Vol. 101 No. 3 (2017) | Bold and Persistent ReformThese are interesting times for the judiciary. Tackling questions of judicial independence, the balance of powers, judicial selection methods, and more, a panel of Duke Law faculty and alumni judges […]

As I See It
by John K. Rabiej
Vol. 101 No. 3 (2017) | Bold and Persistent ReformThe Federal Rules of Civil Procedure should be abrogated. I speak not of the criticisms of the rules as a failure to ensure the just, speedy, and inexpensive determination of […]

Gentleman Judge and Magnificent Man: Judge J. William Ditter, Jr.
by Gene E.K. Pratter
Vol. 101 No. 3 (2017) | Bold and Persistent ReformThe Eastern District of Pennsylvania is a large, collegial trial court where quick humor and timely touches of humanity are as highly valued as intelligence and integrity. Even though this […]

Bold and Persistent Reform: The 2015 Amendments to the Federal Rules of Civil Procedure and the 2017 Pilot Projects
by Jeffrey S. Sutton and Derek A. Webb
Vol. 101 No. 3 (2017) | Bold and Persistent ReformAt 6 p.m. on New Year’s Eve, 2016, as most Americans were settling in to watch college football games or preparing to go to a New Year’s Eve party, Chief […]