Vol. 99 No. 3 (2015) - Fixing Discovery

Flaschner Keever and Timmons Goodson

One-in-a-Generation Kind of Judge: Anna Elizabeth Keever

by Patricia Timmons-Goodson

Vol. 99 No. 3 (2015) | Fixing Discovery

Like their counterparts in the federal judiciary, state trial court judges “handle the bulk of judicial business.” State courts decide ninety-five percent of the cases and controversies filed in our […]

Railroad Tracks

New Rules, New Opportunities

by David G. Campbell

Vol. 99 No. 3 (2015) | Fixing Discovery

In May of 2010, some 200 judges, lawyers, and academics gathered for two days at the Duke University Law School to evaluate the state of civil litigation in federal court. […]

Cartoon of judge juggling a copyright symbol, gun, oil rig, stethoscope, airplane, and gavel.

Judge of All Trades: Further Thoughts on Specialized Courts

by Diane P. Wood

Vol. 99 No. 3 (2015) | Fixing Discovery

The proverbial visitor from Mars (or perhaps from the habitable exoplanet Kepler-62f) with an interest in judicial systems would have no trouble perceiving that Earthlings follow two distinct philosophies about […]

Barbed Wire Fence

How Federal Judges Contribute to Mass Incarceration and What They Can Do About It

by Jon Deitrich and Lynn S. Adelman

Vol. 99 No. 3 (2015) | Fixing Discovery

Talk of reforming federal sentencing law is much in the air. Increased public awareness of the fact that the United States is the world capital of mass incarceration has prompted […]

From Rule Text to Reality: Achieving Proportionality in Practice

by Steven S. Gensler and Lee Rosenthal

Vol. 99 No. 3 (2015) | Fixing Discovery

In November 2014, a year before the 2015 discovery amendments could become effective, the Duke Center for Judicial Studies started a project to provide guidance for judges and lawyers on […]

Cartoon of an autopsy

Autopsy Reports and the Confrontation Clause: A Presumption of Admissibility

by Daniel J. Capra and Joseph Tartakovsky

Vol. 99 No. 3 (2015) | Fixing Discovery

In 2004, the Supreme Court, in Crawford v. Washington, restored the “original meaning” of the Sixth Amendment’s Confrontation Clause. The framers of that clause — which guarantees a criminal defendant the right […]

Cover of Reimagining Courts Book

Book Review: Evolving the Courts

by Aaron D. Ford

Vol. 99 No. 3 (2015) | Fixing Discovery

As society evolves, should state courts likewise evolve? Should courts replace or, at a minimum, augment their traditional roles in the adversarial system that defines our nation’s judicial process? Should […]

Rule 37(e): The New Law of Electronic Spoliation

by Gregory P. Joseph

Vol. 99 No. 3 (2015) | Fixing Discovery

Effective dec. 1, 2015, federal rule of civil procedure 37(e) will change dramatically the law of spoliation. Prior to the adoption of this rule, the Circuits had split on the […]

Judicial Honors: Winter 2015

by Judicature Staff

Vol. 99 No. 3 (2015) | Fixing Discovery

The Shelby County Commission in Tennessee voted to rename the county courthouse the D’Army Bailey Courthouse Building in honor of the late D’Army Bailey. Judge Bailey served on Tennessee’s 13th Judicial […]

Birthday cake with "Happy Birthday" candles

Happy Birthday! Now get out.

by William Raftery

Vol. 99 No. 3 (2015) | Fixing Discovery

Interest in increasing or repealing mandatory judicial retirement ages is growing in the legislatures — but not among voters. Mandatory judicial retirement ages have existed in the states since the […]



by Judicature Staff

Vol. 99 No. 3 (2015) | Fixing Discovery

Cy pres awards need attention. I am writing with respect to the article, “Once More unto the Breach? Further Reforms Considered for Rule 23” [May 2015], by Richard Marcus, which […]

From the Editor: Judge Nancy Joseph

by Nancy Joseph

Vol. 99 No. 3 (2015) | Fixing Discovery

Imitation Is The Highest Form Of Flattery. In this third edition of the revived Judicature, we imitate the previous editions by bringing you relevant, thought-provoking, and conversation-inspiring articles of interest to both […]

Metal with words "Pat. Pend." stamped

Patent Confusion: Correcting the Record on America’s First Patent Holder

by Jennifer L. Behrens

Vol. 99 No. 3 (2015) | Fixing Discovery

Correcting the record on America’s first patent holder — 225 years later The framers of the U.S. Constitution vested congress with the power “[t]o promote the Progress of Science and useful […]

The Nuts and Bolts of the 2015 Discovery Amendments

by David F. Levi, Chilton Varner, Derek P. Pullan, John G. Koeltl and David G. Campbell

Vol. 99 No. 3 (2015) | Fixing Discovery

How did these new amendments to the civil rules come about? Why now? How will they succeed when past efforts have failed? Duke Lew Dean David F. Levi leads a […]

Claims-Made Class-Action Settlements

by Elizabeth Cabraser and Andrew Pincus

Vol. 99 No. 3 (2015) | Fixing Discovery

Many of us have received notice, by mail or by newspaper, of a class-action settlement on behalf of consumers who may unwittingly be claimants in a suit asserting that a […]