Summer 2015 - Volume 99 Number 1

The Incredible Journey of Marian Opala

by Robert Bell

Summer 2015 | Volume 99 Number 1

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 […]

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

by Richard Marcus

Summer 2015 | Volume 99 Number 1

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 […]

Predictability in the Law, Prized yet Not Promoted

by Kem Thompson Frost

Summer 2015 | Volume 99 Number 1

Doing Discovery Right

by J. Leon Holmes and Craig B. Shaffer

Summer 2015 | Volume 99 Number 1

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, […]

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

by George C. Hanks, Jr.

Summer 2015 | Volume 99 Number 1

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 States […]

Second Circuit Distinguishes Abandonment from Default in Summary Judgment

by Steven Gensler

Summer 2015 | Volume 99 Number 1

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 […]

Picture of the Grand Tetons

Grand Challenges, Grand Ideas

by David F. Levi

Summer 2015 | Volume 99 Number 1

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

Summer 2015 | Volume 99 Number 1

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 […]


by Jennifer L. Behrens

Summer 2015 | Volume 99 Number 1

Today, about a third of active federal judges are women, according to the Biographical Directory of Federal Judges, 1789- present. But our country was more than 150 years old before […]

Illustration of Modern scale on white background

Measuring Judging

by Erwin Chemerinsky

Summer 2015 | Volume 99 Number 1

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 […]


by Judicature Staff

Summer 2015 | Volume 99 Number 1

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: About the authors: Lee H. Rosenthal is a U.S. District Court Judge […]

Vintage Camera Photo

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

by Alex Kozinski and John Major

Summer 2015 | Volume 99 Number 1

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 […]

Hawkins and Alito

Editor’s Note – Summer 2015

by Michael Daly Hawkins

Summer 2015 | Volume 99 Number 1

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 […]

Judicial Honors & Briefs

by Judicature Staff

Summer 2015 | Volume 99 Number 1

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 Act […]

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Table of Contents – Summer 2015

by Judicature Staff

Summer 2015 | Volume 99 Number 1