Summer 2017 - Volume 101 Number 2

Far More Than Mere Mistakes: Judicial Commissions Sanction Judges Who Impose Fines Without Due Process

by Cynthia Gray

Summer 2017 | Volume 101 Number 2

In 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 […]

Judge Damon Keith

Lion of Justice: Judge Damon Keith, U.S. Court of Appeals, Sixth Circuit

by Bernice B. Donald

Summer 2017 | Volume 101 Number 2

Judge 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 […]

hands surrounding a scale of justice

As I See It: Bringing Diversity to MDL

by John K. Rabiej

Summer 2017 | Volume 101 Number 2

Results 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 […]

Data Visualization: What Is It? And Can You Trust It?

by George Socha

Summer 2017 | Volume 101 Number 2

The 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 […]

Person marking paper with red pen

A better first paragraph, please

by Joseph Kimble

Summer 2017 | Volume 101 Number 2

Start 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 […]

Illustration of a brain depicted as gears

Can Science Save Justice?

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 […]

Amended Rule 37(e): What’s New and What’s Next in Spoliation?

by Thomas Y. Allman

Summer 2017 | Volume 101 Number 2

AMENDED 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 […]

Stylized image of Lady Justice

Criticism of the Judiciary: The Virtue of Moderation

by Geert Corstens

Summer 2017 | Volume 101 Number 2

Former 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 […]

Copyright Symbol surrounded by stars with Britain depicted as a shooting star going away from the circle

IP Law Post-Brexit

by Richard Arnold, Lionel Bently, Estelle Derclaye and Graeme Dinwoodie

Summer 2017 | Volume 101 Number 2


Cover of "Our Republican Constitution"

Book Review: We, the People – Whoever That Is

by Glenn Harlan Reynolds

Summer 2017 | Volume 101 Number 2

On 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 […]

Illustration of old fashioned movie projector on tripod

Cameras Belong in the Supreme Court

by Erwin Chemerinsky and Eric J. Segall

Summer 2017 | Volume 101 Number 2

On 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, […]

Image of EU flag blowing in the wind

From the Editor: A European Perspective

by Frederic Blockx

Summer 2017 | Volume 101 Number 2

The 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 […]