Vol. 102 No. 1 (2018) - Forensic Fail
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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
Vol. 102 No. 1 (2018) | Forensic FailThis 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 it in Outlook?
by Margaret Wolf and George Socha
Vol. 102 No. 1 (2018) | Forensic FailEmail 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
by Spencer D. Levine
Vol. 102 No. 1 (2018) | Forensic FailIs 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 (PDF)
by Joseph Kimble
Vol. 102 No. 1 (2018) | Forensic FailThis 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: Familiar Terms Could Cause Major Confusion When GDPR Takes Effect
by EDRM GDPR Drafting Team
Vol. 102 No. 1 (2018) | Forensic FailOn 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
Vol. 102 No. 1 (2018) | Forensic FailThe 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
by Alex Biedermann, William C. Thompson and Joëlle Vuille
Vol. 102 No. 1 (2018) | Forensic FailBig 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
Vol. 102 No. 1 (2018) | Forensic FailHere 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
Vol. 102 No. 1 (2018) | Forensic FailU.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
by Bryan A. Garner
Vol. 102 No. 1 (2018) | Forensic FailIn 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 Timothy D. DeGiusti, Marcia S. Krieger and Michael H. Gendel
Vol. 102 No. 1 (2018) | Forensic FailBeing 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?
by Brett G. Scharffs and Frank S. Ravitch
Vol. 102 No. 1 (2018) | Forensic FailPOINT / 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
Vol. 102 No. 1 (2018) | Forensic FailWelcome 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 […]
From The Publisher
by David F. Levi
Vol. 102 No. 1 (2018) | Forensic FailWhat 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, […]