Spring 2018 - Volume 102 Number 1

Forensic Fail

Forensic Fail? As Research Continues to Underscore the Fallibility of Forensic Science, the Judge’s Role as Gatekeeper is More Important than Ever

by Brandon Garrett

Spring 2018 | Volume 102 Number 1

This year marks the 25th anniversary of the supreme court’s decision in Daubert V. Merrell Dow Pharmaceuticals, Inc., which fundamentally reshaped how judges evaluate scientific and expert evidence.1 This volume […]

Why can't I just Review in Outlook?

Why Can’t I Just Review it in Outlook?

by George Socha and Margaret Wolf

Spring 2018 | Volume 102 Number 1

Email is pervasive in discovery. But using familiar tools for document review is a bad idea. Here’s why. Even in the smallest cases these days, electronic data — especially email […]

How solitude can make you a better leader.

How solitude can make you a better leader

by Spencer D. Levine

Spring 2018 | Volume 102 Number 1

Is solitude something we should seek or avoid? Is it helpful or detrimental to individuals, and specifically those who are leaders? If it is helpful, why is it particularly important […]


Let’s ditch unnecessary procedural detail

by Joseph Kimble

Spring 2018 | Volume 102 Number 1

This Redlines column looks different from the previous ones. For one thing, it doesn’t have any redlines — but rather a simple before and after. Our writing guru, Joseph Kimble, […]

Decoding GDPR

Decoding GDPR: Familiar Terms Could Cause Major Confusion When GDPR Takes Effect

by EDRM GDPR Drafting Team

Spring 2018 | Volume 102 Number 1

On May 25, 2018, the General Data Protection Regulation (GDPR) takes effect, replacing the aged European Data Protection Directive created in the year 1995. GDPR intends to harmonize data-protection laws […]

Icon of the Bench and Gridiron: Kim Hammond, Judge, Seventh Judicial Court, Florida

by Raul A. Zambrano

Spring 2018 | Volume 102 Number 1

The names of courthouses are not something that the average person would notice. They include the directional and mundane and, occasionally, the name of an important person in the eyes […]

After Uniqueness: The Evolution of Forensic Science Opinions

After Uniqueness: The Evolution of Forensic-Science Opinions

by Alex Biedermann, William C. Thompson and Joëlle Vuille

Spring 2018 | Volume 102 Number 1

Big changes are occurring in forensic science, particularly among experts who compare the patterns found in fingerprints, footwear impressions, toolmarks, handwriting, and the like. Forensic examiners are reaching conclusions in […]


How Trial Judges Should Think About Forensic Science Evidence

by Jonathan J. Koehler

Spring 2018 | Volume 102 Number 1

Here is a forensic-science test for you. Please answer each of the three questions below True or False. Scientific tests conducted over the past 100 years have repeatedly demonstrated that […]


Up to the Courts: Managing Forensic Testimony with Limited Scientific Validity

by Pat Skene

Spring 2018 | Volume 102 Number 1

U.S. District Court Judge Jed Rakoff of the Southern District of New York tells the story of a firearms and toolmark examiner who appeared before him in 2008, proposing to […]

How lockhart Really Should have been decided: Canons of Construction are Key

How Lockhart Really Should Have Been Decided: Canons of Construction Are Key

by Bryan A. Garner

Spring 2018 | Volume 102 Number 1

In the winter 2017 issue of this journal, my friend and colleague Professor Joseph Kimble undertook an interesting exercise: rewriting the U.S. Supreme Court’s decision in Lockhart v. United States1 […]


JHEALTH: How the Tenth Circuit is Improving the Health and Performance of Federal Judges

by Marcia S. Krieger, Michael H. Gendel and Timothy D. DeGiusti

Spring 2018 | Volume 102 Number 1

Being a judge offers many benefits — prestige, intellectual stimulation, autonomy, and the opportunity to provide a community service. But the simple fact is that being a judge does not […]

piece of cake?

Piece of Cake?

by Frank S. Ravitch and Brett G. Scharffs

Spring 2018 | Volume 102 Number 1

POINT / COUNTERPOINT A baker refuses to create a wedding cake for a same-sex couple because of his religious views on same-sex marriage. The couple claims the baker’s refusal violates […]

From the Editor: Thank you

by Joe Boatwright

Spring 2018 | Volume 102 Number 1

Welcome to the spring edition of Judicature. This edition includes an announcement of a very significant gift to benefit Duke’s judicial studies programs and Judicature: a $10 million gift from […]

David F. Levi

From The Publisher

by David F. Levi

Spring 2018 | Volume 102 Number 1

What an honor it is for me to greet you as the inaugural director of the Bolch Judicial Institute of Duke Law School. As you will read in this journal, […]