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 Continue Reading »

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 Continue Reading »

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 Continue Reading »


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, Continue Reading »

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 Continue Reading »

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 Continue Reading »

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 Continue Reading »


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 Continue Reading »


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 Continue Reading »

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 Continue Reading »


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 Continue Reading »

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 Continue Reading »

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 Continue Reading »

David F. Levi

From the Publisher: Greetings from the new Bolch Judicial Institute

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, Continue Reading »