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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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. No longer. While trial remains a theoretical possibility in every case, the reality is quite different. […]

to tweet or not to tweet

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 […]

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 […]

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 […]

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 […]

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 […]

supreme court

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 […]

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 […]

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 […]

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, […]

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 […]

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, […]

Judge Ryan photo

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 […]