Archive: March 2024

The Battle for Your Brain: A Legal Scholar’s Argument for Protecting Brain Data and Cognitive Liberty

Mindreading may sound like the stuff of science fiction, but these days, as they say, truth is stranger than fiction. Employers track employee attention and even moods. Technology users can […]

Judge Dorothy Wright Nelson

Judge Dorothy Wright Nelson’s Prescient, Bold Vision of Justice

I began reading this book because of the great respect, affection, and admiration I have for my esteemed colleague, the Honorable Dorothy Nelson, senior circuit judge, Ninth Circuit Court of Appeals. […]

Person marking paper with red pen

If Pseudonyms, Then What Kind?

Writers may have their noms de plume; revolutionaries may have noms de guerre. Here, though, we will speak of (to coin a phrase) the noms de litige, and ask: When […]

Faith in Law

David F. Levi interviews Dallin H. Oaks, a leader of The Church of Jesus Christ of Latter-day Saints and former justice of the Utah Supreme Court, on faith, democracy, and how believers and nonbelievers can work together toward a more free and fair society for all. […]

Case Management Reform: The Promise of Big Data (Sidebar)

In November 2021, some 30 judges and scholars gathered in Santa Monica, Calif., to discuss the prospects for an emerging era of civil case management reform. The participants included proponents of […]

Managerial Judges: The Long View (Sidebar)

In a landmark law review article published four decades ago, Professor Judith Resnik expressed skepticism about the rise of “managerial judging.” Professor Resnik contrasted the emerging model of active judicial […]

Call All Jurors To Serve

In 1992, New York Chief Judge Judith S. Kaye charged 30 lawyers, judges, court administrators, academics, and citizens to find ways to improve the jury service experience for citizens who […]

Pre-Deliberation Discussion Makes Sense

At every jury trial over which I preside, I tell prospective jurors that jury trials are a fundamental part of our judicial system and our system of government. I remind […]

Virtual Voir Dire Works — for Courts and Jurors

As the COVID-19 pandemic began rolling through the United States, medical staffs were as busy as they had ever been. News reports showed doctors and nurses grabbing quick naps between […]