Winter 2017 - Volume 101 Number 4

Equal Opportunity? Increasing Diversity in Complex Litigation Leadership

by Michael Baylson and Cecily Harris

Winter 2017 | Volume 101 Number 4

Does jurisprudence prohibit judges from considering diversity when appointing lawyers to lead roles in complex litigation? Here’s a legal strategy judges can use to help give women and minority lawyers Continue Reading »

From the Editor: The Times They Are A’Changin’

by Jennifer L. Thurston

Winter 2017 | Volume 101 Number 4

I’ve been thinking a lot about change recently. Some changes are subtle and slow-coming. Others are immediate with significant ramifications. An example of the former is the change in the Continue Reading »

How State Courts are Preparing for Continuity in Disaster

by William Raftery

Winter 2017 | Volume 101 Number 4

As hurricanes threatened the southern parts of the United States this summer and fall, state courts were confronted with the challenge of not just maintaining operations but also determining when Continue Reading »

Cluster Clear

Cluster Clear: Are Clustering Tools the Solution to Tedious Identification and Reduction Processes?

by George Socha, Adam Strayer and Heena Shaikh

Winter 2017 | Volume 101 Number 4

Frontrunners in the costly game of e-discovery have begun to distinguish themselves by using data analytics in creative and effective ways to tackle the critical tasks of identifying key evidence, unearthing Continue Reading »

The Changing Science on Memory and Demeanor – and What It Means for Trial Judges

by Mark Bennett

Winter 2017 | Volume 101 Number 4

Unless my experience of trying hundreds of federal civil and criminal jury trials in five federal districts is idiosyncratic, in virtually every case, a verdict turns on the perceived accuracy Continue Reading »

How Lockhart should have been decided (Canons are not the key)

How Lockhart Should Have Been Decided (Canons Are Not the Key)

by Joseph Kimble

Winter 2017 | Volume 101 Number 4

That is an altogether presumptuous title, written with a smile. The case is Lockhart v. United States, 136 s. Ct. 958 (2016). It’s fascinating for the debate over conflicting canons Continue Reading »

going, going, but not quite gone

Going, Going, But Not Quite Gone: Trials Continue to Decline in Federal and State Courts. Does it Matter?

by Jeffrey Q. Smith and Grant R. MacQueen

Winter 2017 | Volume 101 Number 4

Trials, particularly jury trials, once played a central role in the American legal system.1 No longer.2 While trial remains a theoretical possibility in every case, the reality is quite different. Continue Reading »

to tweet or not to tweet

Point-Counterpoint: To Tweet or Not to Tweet?

by Douglas Nazarian and Barbara Berenson

Winter 2017 | Volume 101 Number 4

SOCIAL MEDIA APPLICATIONS HAVE BECOME UBIQUITOUS IN MODERN COMMUNICATION. But the use of these applications presents unique challenges for judges, who are not only judicial officers but also parents, community members, Continue Reading »

Five ways judges can improve well-being

by Bree Buchanan

Winter 2017 | Volume 101 Number 4

While judicial stressors are legion, resources to help judges combat stress are slim. Fortunately, social science research now touts a host of evidence-based practices that can help judges learn to Continue Reading »

Continuing to Close the Courthouse Doors?

by Erwin Chemerinsky

Winter 2017 | Volume 101 Number 4

The Supreme Court’s October Term 2016 was unusual because from the first Monday in October until the April argument calendar, there were only eight justices on the bench. This affected Continue Reading »

A brief moment in the sun

A Brief Moment in the Sun: The Reconstruction-Era Courts of the Freedman’s Bureau

by Zachary Newkirk

Winter 2017 | Volume 101 Number 4

When he was 16 years old during the summer of 1866, a recently freed slave named Alfred Jefferson rode his employer’s horse without permission. A local criminal judge in Bradford Continue Reading »

Speaking, Listening, and the Rule of Law: Free Speech on Campus

by David F. Levi

Winter 2017 | Volume 101 Number 4


why do we do the things we do?

Why Do We Do the Things We Do?

by James Griffith

Winter 2017 | Volume 101 Number 4

Within the next decade, Behave will be a book that most educated people have read (or will feel obligated to give the impression they have read), joining likes of The Continue Reading »

supreme court

Case Notes: Seven Supreme Court Cases to Watch

by Carolyn Homer

Winter 2017 | Volume 101 Number 4

Justice Neil Gorsuch began his first full term on the Supreme Court this past October, with court-watchers anticipating which cases the Supreme Court will take and how Justice Gorsuch will Continue Reading »

GDPR: The Next Y2K?

by John K. Rabiej

Winter 2017 | Volume 101 Number 4

On July 20, 1999, Congress enacted the “Y2K Act” (Pub. L. No. 106-37) to limit potential litigation caused by computer date-change problems brought on by the year 2000. Many feared Continue Reading »

Direction for TAR

Direction for TAR: EDRM Duke Law sets sights on technology assisted review guidance

by Michael Greene

Winter 2017 | Volume 101 Number 4

An organization that develops models and standards for electronic discovery has set its sights on developing guidance on technology assisted review (TAR) – a process that involves using machine learning Continue Reading »

Direction for TAR

Direction for TAR: Guidance for cross-border data transfer under GDPR

by Rhys Dipshan

Winter 2017 | Volume 101 Number 4

EDRM, the organization that devised the widely used Electronic Discovery Reference Model, has strived to keep e-discovery practitioners up to date on the ever-evolving digital landscape. Its guidance and standards, Continue Reading »

Judicial Honors

Judicial Honors Winter 2017

by Judicature Staff

Winter 2017 | Volume 101 Number 4

Judge Richard Mills celebrated his 50th year on the bench. He served as circuit judge of the 8th Judicial Circuit of Illinois for ten years and judge of the Appellate Continue Reading »

A little less stiff, and no tangents, please.

by Joseph Kimble

Winter 2017 | Volume 101 Number 4

Our writing guru, Joseph Kimble, goes after some common blemishes. In the original opinion, he notes, the second half of the first sentence seems pointless. So does the third sentence, Continue Reading »


A Hero’s Life: Michael D. Ryan, Associate Justice, Supreme Court of Arizona

by Ann A. Scott Timmer

Winter 2017 | Volume 101 Number 4

A war hero. A respected jurist. A humble servant. A mentor. A friend. A beloved husband, father, and grandfather. All these tags fit Michael D. Ryan, a former associate justice Continue Reading »