by Michael Baylson
Winter 2016 | Volume 100 Number 4Along with explosive globalization, including the ease with which parties can conduct business abroad, there has been a concomitant need for international legal systems to consider exchange of information across […]
by William Raftery
Winter 2016 | Volume 100 Number 4Limited jurisdiction courts are coming under new scrutiny and criticism amid calls for criminal justice reform. The Department of Justice’s report on police and court practices in the city of […]
by Steven Gensler and Lee Rosenthal
Winter 2016 | Volume 100 Number 4Recommendations from the Bench and Bar in 17 Cities on Implementing the 2015 Proportionality Amendments 6 MONTHS. 17 CITIES. 20,000 MILES. From November 2015 to May 2016, the “Proportionality Roadshow” […]
by Judicature Staff
Winter 2016 | Volume 100 Number 4The Winter 2016 edition of Judicature originally contained excerpts from the Guidelines and Best Practices Guidelines & Best Practices for Implementing the 2015 Discovery Amendments to Achieve Proportionality report published by […]
by John M. Haried
Winter 2016 | Volume 100 Number 4The Standing Committee on Federal Rules recently approved two new self-authentication rules for electronic machine-generated evidence. The goal is to save time and money by creating a pretrial procedure for […]
by Ed Spillane
Winter 2016 | Volume 100 Number 4Melissa J. Showed up in my court last year with four kids in tow. Her children quietly watched from a nearby table while I spoke with her. The charges against […]
by John C. Vile and Mario Perez-Reilly
Winter 2016 | Volume 100 Number 4The Constitution carefully spells out qualifications for President and members of Congress, but is virtually silent with regard to judicial qualifications. Why? It is common knowledge that, under Article II of […]
by David B. Smith and Stefan D. Cassella
Winter 2016 | Volume 100 Number 4Under federal law, property is forfeited if it is contraband, if it is an instrumentality of a criminal offense, or if it is constituting, derived from, or traceable to any […]
by Robert Hunter, Jr.
Winter 2016 | Volume 100 Number 4As an American history buff and avid reader, I am always pleasantly surprised when I discover an American judicial hero whose life’s story enjoys periodic popular revivals. Albion Winegar Tourgée […]
by David Collins
Winter 2016 | Volume 100 Number 4One hundred years after he was appointed to the Supreme Court we have the pleasure of an absorbing and insightful analysis of the philosophies and thoughts of Louis Brandeis, a […]
by David F. Levi, Nathan Hecht, Martin Hoshino, Mary McQueen, Patricia Breckenridge and Maureen O'Connor
Winter 2016 | Volume 100 Number 4Duke Law Dean David F. Levi recently convened a roundtable discussion among leaders of a national task force that aims to study and address the courts’ role in the problems […]
by Cheri Beasley
Winter 2016 | Volume 100 Number 4The ability to pay court fines, including jail and prison fees, has remained an issue since Michigan first authorized the imposition of correctional fees in 1846.1 Today, many courts order […]
by Don R. Willett
Winter 2016 | Volume 100 Number 4State high courts avoid tie votes in a variety of ways, some more juris-prudent than others. Justice Antonin Scalia’s passing portends a seismic realtering of the Supreme Court’s ideological balance. […]
by Cynthia Gray
Winter 2016 | Volume 100 Number 4Supreme Court pushes states to develop – and use – clearer recusal procedures THE U.S. SUPREME COURT’S 2009 DECISION IN CAPERTON V. A.T. MASSEY COAL CO., 556 U.S. 868 (2009) WAS […]
by Judicature Staff
Winter 2016 | Volume 100 Number 4— Features — REVISED GUIDELINES & PRACTICES FOR IMPLEMENTING THE 2015 DISCOVERY AMENDMENTS TO ACHIEVE PROPORTIONALITY Duke Law Center for Judicial Studies HOW TWO NEW RULES FOR SELF-AUTHENTICATION WILL SAVE […]
