Vol. 100 No. 2 (2016) - A Judge in Public Life

Why Are State Judges Among Us?

by Amanda Ross Edwards and Elisha Carol Savchak

Vol. 100 No. 2 (2016) | A Judge in Public Life

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 […]

DOS and DON’TS for Lawyers in a Changing World

by Huey Cotton

Vol. 100 No. 2 (2016) | A Judge in Public Life

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

Vol. 100 No. 2 (2016) | A Judge in Public Life

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 […]

The New Restatement of Employment Law: An Analytical Synopsis

by Joseph Garrison

Vol. 100 No. 2 (2016) | A Judge in Public Life

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 […]

The Troubles of the Social Judge

by Cynthia Gray

Vol. 100 No. 2 (2016) | A Judge in Public Life

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 Chilton Varner, Diane P. Wood and Douglas Young

Vol. 100 No. 2 (2016) | A Judge in Public Life

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

by Michael J. Mazzone

Vol. 100 No. 2 (2016) | A Judge in Public Life

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 […]

Reflections on Judge Edward Weinfeld

by John G. Koeltl

Vol. 100 No. 2 (2016) | A Judge in Public Life

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 […]

Ejusdem Generis: What Is It Good For?

by Joseph Kimble

Vol. 100 No. 2 (2016) | A Judge in Public Life

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: Rethinking Mandatory Disclosure

by Michael Lynn and Andrew Hurwitz

Vol. 100 No. 2 (2016) | A Judge in Public Life

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 […]

As I See It: Summer 2016

by John K. Rabiej

Vol. 100 No. 2 (2016) | A Judge in Public Life

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 […]

From the Editor-in-Chief John C. Anderson

by John C. Anderson

Vol. 100 No. 2 (2016) | A Judge in Public Life

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 […]

Developing Civil Procedure Rules for European Courts

by Geoffrey C. Hazard

Vol. 100 No. 2 (2016) | A Judge in Public Life

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 […]

When the Press Collides with Justice

by Simon H. Rifkind

Vol. 100 No. 2 (2016) | A Judge in Public Life

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 […]

GM MDL Raises Questions About Fiduciary Duty

by Lauren Sanders

Vol. 100 No. 2 (2016) | A Judge in Public Life

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 […]