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

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From the Publisher: A New Era for Judicature
by John Rabiej
Vol. 99 No. 1 (2015) | The View from the BenchThe 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 BenchThere 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 BenchDespite 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 BenchBriefs 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 BenchFrom 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 BenchPublic 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 BenchIdeas 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 BenchDean 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 BenchA 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 BenchIn 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 BenchWhile 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 BenchEven 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 BenchJudge 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 BenchLee 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 BenchBook: 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 BenchPictured 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 BenchFeatures 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 […]