Vol. 100 No. 4 (2016) - Steady As She Goes

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Cross Border Discovery at a Crossroads

by Michael M. Baylson

Vol. 100 No. 4 (2016) | Steady As She Goes

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

Vol. 100 No. 4 (2016) | Steady As She Goes

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 S. Gensler and Lee Rosenthal

Vol. 100 No. 4 (2016) | Steady As She Goes

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

Vol. 100 No. 4 (2016) | Steady As She Goes

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

Vol. 100 No. 4 (2016) | Steady As She Goes

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

Vol. 100 No. 4 (2016) | Steady As She Goes

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

Vol. 100 No. 4 (2016) | Steady As She Goes

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 Stefan D. Cassella and David B. Smith

Vol. 100 No. 4 (2016) | Steady As She Goes

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.

Vol. 100 No. 4 (2016) | Steady As She Goes

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

Vol. 100 No. 4 (2016) | Steady As She Goes

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 […]

Revising an Order (PDF)

by Joseph Kimble

Vol. 100 No. 4 (2016) | Steady As She Goes

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, Patricia Breckenridge, Maureen O'Connor, Martin Hoshino and Mary McQueen

Vol. 100 No. 4 (2016) | Steady As She Goes

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

Vol. 100 No. 4 (2016) | Steady As She Goes

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

Vol. 100 No. 4 (2016) | Steady As She Goes

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

Vol. 100 No. 4 (2016) | Steady As She Goes

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 […]

by Judicature Staff

Vol. 100 No. 4 (2016) | Steady As She Goes

— 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 […]