by Michael Baylson and Cecily Harris
Winter 2017 | Volume 101 Number 4Does 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 […]
by Jennifer L. Thurston
Winter 2017 | Volume 101 Number 4I’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 […]
by William Raftery
Winter 2017 | Volume 101 Number 4As 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 […]
by George Socha, Adam Strayer and Heena Shaikh
Winter 2017 | Volume 101 Number 4Frontrunners 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 […]
by Mark Bennett
Winter 2017 | Volume 101 Number 4Unless 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 […]
by Joseph Kimble
Winter 2017 | Volume 101 Number 4That 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 […]
by Jeffrey Q. Smith and Grant R. MacQueen
Winter 2017 | Volume 101 Number 4Trials, 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. […]
by Douglas Nazarian and Barbara Berenson
Winter 2017 | Volume 101 Number 4Social 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 […]
by Bree Buchanan
Winter 2017 | Volume 101 Number 4While 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 […]
by Erwin Chemerinsky
Winter 2017 | Volume 101 Number 4The 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 […]
by Zachary Newkirk
Winter 2017 | Volume 101 Number 4When 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 […]
by David F. Levi
Winter 2017 | Volume 101 Number 4AT THE BEGINNING OF THIS ACADEMIC YEAR, DAVID F. LEVI, DEAN OF DUKE LAW SCHOOL AND THE FORMER CHIEF U.S. DISTRICT JUDGE FOR THE EASTERN DISTRICT OF CALIFORNIA, OFFERED CONVOCATION […]
by James Griffith
Winter 2017 | Volume 101 Number 4Within 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 […]
by Carolyn Homer
Winter 2017 | Volume 101 Number 4Justice 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 […]
by John K. Rabiej
Winter 2017 | Volume 101 Number 4On 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 […]
by Michael Greene
Winter 2017 | Volume 101 Number 4An 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 […]
by Rhys Dipshan
Winter 2017 | Volume 101 Number 4EDRM, 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, […]
by Judicature Staff
Winter 2017 | Volume 101 Number 4Judge 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 […]
by Joseph Kimble
Winter 2017 | Volume 101 Number 4Our 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, […]
by Ann A. Scott Timmer
Winter 2017 | Volume 101 Number 4A 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 […]
