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

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Illustration of a faceless figure with a glowing brain/circuit graphic above its head, representing artificial intelligence

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 […]

Photo of Jim Griffith standing with Justice Samuel Alito

From the Editor: Restraint

by James Griffith

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

In 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 Reform

REDLINES 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 […]

Photo of a courthouse security checkpoint with blue rope barriers and a metal detector

Securing Judges and Courts

by William Raftery

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

Courthouse 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 […]

Feature art for “Out of Control Policing”

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 […]

Illustration of a hand holding a gavel above a bent lamp, humorous courtroom scene

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 Reform

Contracts 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 […]

Black-and-white photo looking down a colonnaded courthouse hallway

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 Reform

THESE 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 […]

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As I See It

by John K. Rabiej

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

The 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 […]

The Storied Third Branch with image of tree branch

Gentleman Judge and Magnificent Man: Judge J. William Ditter, Jr.

by Gene E.K. Pratter

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

The 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 […]

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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 Reform

At 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 […]