Winter 2016 - Volume 100 Number 4

Cross Border Discovery at a Crossroads

by Michael Baylson

Winter 2016 | Volume 100 Number 4

Along 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 […]

Disorder in the Courts: The varied ways states establish and oversee courts presents challenges for reform

by William Raftery

Winter 2016 | Volume 100 Number 4

Limited 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 […]

A Report from the Proportionality Roadshow

by Steven Gensler and Lee Rosenthal

Winter 2016 | Volume 100 Number 4

Recommendations 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” […]

Guidelines & Best Practices for Implementing the 2015 Discovery Amendments to Achieve Proportionality

by Judicature Staff

Winter 2016 | Volume 100 Number 4

The 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 […]

How Two New Rules for Self Authentication Will Save You Time and Money

by John M. Haried

Winter 2016 | Volume 100 Number 4

The 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 […]

Judges Can Fix the System: Here’s How

by Ed Spillane

Winter 2016 | Volume 100 Number 4

Melissa 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 […]

The U.S. Constitution and Judicial Qualifications: A Curious Omission

by John C. Vile and Mario Perez-Reilly

Winter 2016 | Volume 100 Number 4

The 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 […]

The Role of Civil Forfeiture: Are Forfeiture-of-Assets Proceedings Fair or in Need of Reform?

by David B. Smith and Stefan D. Cassella

Winter 2016 | Volume 100 Number 4

Under 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 […]

Albion Tourgée, Reconstruction-era Crusader for Justice

by Robert Hunter, Jr.

Winter 2016 | Volume 100 Number 4

As 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 […]

The Mind of a Prophet: A New Look at the Far-Reaching Influence of Louis D. Brandeis

by David Collins

Winter 2016 | Volume 100 Number 4

One 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 […]

Person marking paper with red pen

Revising an Order

by Joseph Kimble

Winter 2016 | Volume 100 Number 4

Money or Justice? How Fees and Fines Have Contributed to Distrust and What Chief Justices Can Do About It

by David F. Levi, Nathan Hecht, Martin Hoshino, Mary McQueen, Patricia Breckenridge and Maureen O'Connor

Winter 2016 | Volume 100 Number 4

Duke 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 […]

From the Editor-in-Chief Cheri Beasley

by Cheri Beasley

Winter 2016 | Volume 100 Number 4

The 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 […]

How the States Avoid Supreme Stalemates

by Don R. Willett

Winter 2016 | Volume 100 Number 4

State 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. […]

When to Disqualify?

by Cynthia Gray

Winter 2016 | Volume 100 Number 4

Supreme 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 […]

Table of Contents

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 […]