Summer 2016 - Volume 100 Number 2

Why Are State Judges Among Us?

by Amanda Ross Edwards and Elisha Carol Savchak

Summer 2016 | Volume 100 Number 2

A considerable number of judges are stepping away from the bench and their chambers in order to interact with the public through judicial outreach activities. Why? We execute a nationwide survey […]

Judge at dais with words "Have you lost your mind?"

DOS and DON’TS for Lawyers in a Changing World

by Huey Cotton

Summer 2016 | Volume 100 Number 2

If you could see a dialogue bubble above the judge’s head showing what the judge is thinking while certain events unfold in the courtroom, you would be surprised at how […]

In Memoriam: Dining with Justice Antonin Scalia

by David F. Levi

Summer 2016 | Volume 100 Number 2

Like many others, I have unusually vivid recollections of Justice Antonin Scalia. How could it not be? His force field was that powerful. I had the benefit of a strong family […]

Image of person being stepped on by a giant foot

The New Restatement of Employment Law: An Analytical Synopsis

by Joseph Garrison

Summer 2016 | Volume 100 Number 2

In April 2015, the American Law Institute published the Restatement of Employment Law, its first publication focusing on this area of law. The single volume consists of 550 pages and […]

Thumbs down

The Troubles of the Social Judge

by Cynthia Gray

Summer 2016 | Volume 100 Number 2

At the end of 2015, two states became the first jurisdictions to add explicit references to social media to their codes of judicial conduct. In a new code effective Dec. […]

A Report from the 2015 United States–United Kingdom Legal Exchange

by Diane P. Wood, Chilton Varner and Douglas Young

Summer 2016 | Volume 100 Number 2

INTRODUCTION1 This paper was originally presented at the United Kingdom-United States Legal Exchange in London, England, in September 2015. The Exchange, sponsored by the American College of Trial Lawyers, originated […]

Thinking Fundamentally About Judicial Review - Cover Image

Thinking Fundamentally About Judicial Review

by Michael J. Mazzone

Summer 2016 | Volume 100 Number 2

Tara Smith asks: “How should courts interpret the law? By fidelity to the text? To the will of the people? To certain moral ideals?” In Judicial Review in an Objective […]

Judge Weinfeld Portrait

Reflections on Judge Edward Weinfeld

by John G. Koeltl

Summer 2016 | Volume 100 Number 2

Judge Edward Weinfeld was a judge of the Southern District of New York from 1950 until his death in January 1988 at the age of 86. He remained an active […]

Cartoon of a lawyer with his head in his hand

Ejusdem Generis: What Is It Good For?

by Joseph Kimble

Summer 2016 | Volume 100 Number 2

In my view, this canon of interpretation is so fraught with uncertainty of various kinds that courts should give it little weight. Better yet, drafters should not unwittingly bring it […]

Point Counterpoint

Point-Counterpoint: Rethinking Mandatory Disclosure

by Michael Lynn and Andrew Hurwitz

Summer 2016 | Volume 100 Number 2

In 1991, the Advisory Committee on Civil Rules published for public comment proposed amendments to FRCP 26(a)(1) that would mandate disclosure of documents and tangible things that “significantly bear on […]

Shadow of Gavel

As I See It: Summer 2016

by John K. Rabiej

Summer 2016 | Volume 100 Number 2

You get the call from the Chief Justice of the United States asking you to serve on the Advisory Committee on Civil Rules. You’re honored. Moments after accepting, you ask […]

Judge John C. Anderson, Editor-In-Chief

From the Editor-in-Chief John C. Anderson

by John C. Anderson

Summer 2016 | Volume 100 Number 2

Welcome to the latest edition of Judicature! This issue includes a wonderful article on judicial oversight of covert action, written by Judge Diane Wood, Chilton Varner, and Douglas Young, with […]

Scales of Justice

Developing Civil Procedure Rules for European Courts

by Geoffrey C. Hazard

Summer 2016 | Volume 100 Number 2

ELI is the European Law Institute. Its Secretariat is based in Vienna, Austria; its members include judges, lawyers, law professors, ministry of justice officials, and law firms from the European […]

Image of hand holding a pen wrapped in a string.

When the Press Collides with Justice

by Simon H. Rifkind

Summer 2016 | Volume 100 Number 2

There has been much talk lately of what is called Trial by Newspaper.In recent months there have been a number of cases in the courts which have aroused widespread public […]

Sketch of VW Bug with Questions Marks coming out of tailpipe

GM MDL Raises Questions About Fiduciary Duty

by Lauren Sanders

Summer 2016 | Volume 100 Number 2

In 2014, General Motors (GM) recalled at least 30 million cars worldwide for problems related to faulty ignition switches that could unexpectedly shut the engine off and prevent the airbags […]