by Cynthia Gray
Summer 2017 | Volume 101 Number 2In the roundtable discussion “Money or Justice? How Fees and Fines Have Contributed to Deep Distrust of the Courts — And What Chief Judges Are Doing About It” (from the […]
by Bernice B. Donald
Summer 2017 | Volume 101 Number 2Judge Damon J. Keith is a Senior Judge on the United States Court of Appeals for the Sixth Circuit. Nominated by President Jimmy Carter in 1977, Judge Keith has served […]
by John K. Rabiej
Summer 2017 | Volume 101 Number 2Results of a recent empirical study dealing with plaintiff steering and other MDL committees paint a lopsided picture of white male-dominated judicial appointments. Findings from 2011 to 2016 show a […]
by George Socha
Summer 2017 | Volume 101 Number 2The legal technology press is replete with articles touting the advantages of Technology Assisted Review (TAR), mostly as a way to streamline the review of electronically stored information (ESI) and […]
by Joseph Kimble
Summer 2017 | Volume 101 Number 2Start strong. Our writing guru, Joseph Kimble, breaks down an opinion’s first paragraph to show a better way. Original Pending before the Court is a letter motion by plaintiff Amy […]
by Adam Benforado
Summer 2017 | Volume 101 Number 2“Know thyself.” Inscribed on the Temple of Apollo at Delphi, and echoed down the halls of time by Plato, Pope, Franklin, and Emerson, there may be no more fundamental maxim […]
by Thomas Y. Allman
Summer 2017 | Volume 101 Number 2AMENDED RULE 37(e) OF THE FEDERAL RULES OF CIVIL PROCEDURE (“RULE 37(e)”) BECAME EFFECTIVE ON DEC. 1, 2015. It emerged as a pithy and focused restatement of the best thinking […]
by Geert Corstens
Summer 2017 | Volume 101 Number 2Former Italian Prime Minister Silvio Berlusconi once described the judiciary as the “cancer of democracy.”1 This presumably had much to do with his personal situation of being accused several times […]
by Richard Arnold, Lionel Bently, Estelle Derclaye and Graeme Dinwoodie
Summer 2017 | Volume 101 Number 2FOUR EUROPEAN IP EXPERTS ASSESS THE LIKELY IMPACT of BREXIT on INTELLECTUAL PROPERTY RIGHTS in the UK AND EU — AND WHAT IT ALL MEANS for the UNITED STATES On […]
by Glenn Harlan Reynolds
Summer 2017 | Volume 101 Number 2On February 22, The Washington Post added a sub-banner to its front page. Beneath the words “Washington Post” was the phrase, “Democracy Dies In Darkness.” This generated a predictable degree […]
by Erwin Chemerinsky and Eric J. Segall
Summer 2017 | Volume 101 Number 2On Jan. 24, 2017, the United Kingdom’s Supreme Court issued its monumental decision concerning the fate of Brexit, a legal ruling with major implications for the people of England, Europe, […]
by Frederic Blockx
Summer 2017 | Volume 101 Number 2The President of the United States referred to a judge who ruled against the executive as a “so-called” judge. Both his most recent French colleagues called the judiciary “flavorless green […]