Vol. 99 No. 1 (2015) - The View from the Bench

From the Publisher: A New Era for Judicature

by John Rabiej

Vol. 99 No. 1 (2015) | The View from the Bench

The Duke Law Center for Judicial Studies launches this inaugural issue of Judicature with excitement and trepidation. It is a bittersweet moment, as it comes on the heels of the American Judicature […]

Editor’s Note – Summer 2015

by Michael Daly Hawkins

Vol. 99 No. 1 (2015) | The View from the Bench

There may be, as F. Scott Fitzgerald observed in The Last Tycoon, no second acts in American lives, but through the leadership and imagination of Dean David Levi and the […]

Tweet this: Jurors aren’t abusing social media in the courtroom. Yet.

by Meghan Dunn

Vol. 99 No. 1 (2015) | The View from the Bench

Despite fears to the contrary, a recent report from the Federal Judicial Center indicates that jurors do not seem to be using social media frequently during trials — yet. The report, issued in late […]

Briefs & Judicial Honors

by Judicature Staff

Vol. 99 No. 1 (2015) | The View from the Bench

Briefs On The Hill: Reducing Recidivism and Its Costs On Feb. 11, Sen. John Cornyn reintroduced the Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers in Our National System […]

The Incredible Journey of Marian Opala

by Robert Bell

Vol. 99 No. 1 (2015) | The View from the Bench

From Polish freedom fighter to Chief Justice of the Oklahoma Supreme Court, Marian Opala’s long life was filled with danger, adventure, and a thirst for knowledge. A profound devotion to […]

Why Putting Cameras In the Courtroom Is Not As Crazy As You Think

by Alex Kozinski and John Major

Vol. 99 No. 1 (2015) | The View from the Bench

Public interest in the American jury system is at an all-time high. Late last year, NPR’s hit podcast “Serial” pulled in over 1 million listeners per week as it recounted […]

Grand Challenges, Grand Ideas

by David F. Levi

Vol. 99 No. 1 (2015) | The View from the Bench

Ideas for surmounting the biggest challenges facing the judiciary and the legal profession today. In delivering the Lloyd D. George Lecture on the Judicial Process at UNLV William S. Boyd […]

The View From the Bench: What Grand Challenges Do You See In Your Court?

by David F. Levi, Nathan Hecht, Robert Katzmann and Tani Cantil-Sakauye

Vol. 99 No. 1 (2015) | The View from the Bench

Dean Levi turns to leaders in the judiciary — Chief Justice Tani Cantil-Sakauye (Supreme Court of California), Chief Justice Nathan L. Hecht (Supreme Court of Texas), and Chief Judge Robert […]

Predictability in the Law, Prized yet Not Promoted

by Kem Thompson Frost

Vol. 99 No. 1 (2015) | The View from the Bench

A Study in Judicial Priorities Predictability in the law is treasured as a core value in American jurisprudence, yet in some cases judges make decisions that they know will diminish […]

Second Circuit Distinguishes Abandonment from Default in Summary Judgment

by Steven S. Gensler

Vol. 99 No. 1 (2015) | The View from the Bench

In Jackson v. Federal Express, 766 F.3d 189 (2d Cir. 2014), the U.S. Court of Appeals for the Second Circuit addressed a twist on the rule — now codified in Civil […]

Searching from Within: The Role of Magistrate Judges in Federal Multi-District Litigation

by George C. Hanks, Jr.

Vol. 99 No. 1 (2015) | The View from the Bench

While federal magistrate judges are widely viewed as a highly qualified, experienced, and flexible corps of judicial officers who assist Article III district judges in docket management within the United […]

Once More Unto the Breach? Further Reforms Considered for Rule 23

by Richard Marcus

Vol. 99 No. 1 (2015) | The View from the Bench

Even Henry V probably could not exhort the rule makers to action,1 but reported needs of the procedural system may do so. Surely the class-action rule is one of the […]

Doing Discovery Right

by J. Leon Holmes and Craig B. Shaffer

Vol. 99 No. 1 (2015) | The View from the Bench

Judge Leon Holmes and Magistrate Judge Craig Shaffer compare the merits of proactive versus passive pretrial judicial discovery management. Significant proposed discovery amendments will take effect on Dec. 1, 2015, […]

Measuring Judging

by Erwin Chemerinsky

Vol. 99 No. 1 (2015) | The View from the Bench

Lee Epstein, William M. Landes, and Richard Posner have written a book that is monumental in its scope and yet falls frustratingly short in achieving its aspirations. Actually, it is best […]

Cited

by Judicature Staff

Vol. 99 No. 1 (2015) | The View from the Bench

Book: Federal Civil Procedure Manual Authors: Lee H. Rosenthal, David F. Levi, John K. Rabiej Publisher: Juris Publishing Publication Date: 11/2014 ISBN: 978-57823-378-6 Buy: http://www.jurispub.com/cart.php?m=product_detail&p=17102 About the authors: Lee H. Rosenthal is a U.S. District Court Judge […]

Supremes

by Jennifer L. Behrens

Vol. 99 No. 1 (2015) | The View from the Bench

Pictured Above, from Left: Hattie Henenberg, Hortense Ward, and Ruth Brazzil comprised the Texas Special Supreme Court in 1925. Photo credit: Texas Supreme Court Historical Society. Today, about a third […]

Table of Contents – Summer 2015

by Judicature Staff

Vol. 99 No. 1 (2015) | The View from the Bench

Features JURORS ON FILM: WHY PUTTING CAMERAS IN THE JURY ROOM IS NOT AS CRAZY AS YOU THINK Alex Kozinski and John Major GRAND CHALLENGES, GRAND IDEAS: SURMOUNTING THE BIGGEST […]