Civil Law
Feature
New Rules, New Opportunities
Vol. 99 No. 3 (2015) | Fixing DiscoveryIn 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. […]
Briefs
Pilot Project for Discovery Protocols for Employment Cases Alleging Diverse Action
by Emery G. Lee III and Jason A. Cantone
Vol. 100 No. 1 (2016) | 100 Years of JudicatureIn November 2015, the Federal Judicial Center (FJC) reported to the Judicial Conference Advisory Committee on Civil Rules on a pilot project designed to streamline litigation by using pattern discovery […]
Point/Counterpoint
Jurors Asking Questions
by David R. Herndon and N. Randy Smith
Vol. 100 No. 1 (2016) | 100 Years of JudicatureIn some courtrooms, the practice of allowing jurors to pose questions to witnesses is gaining traction. Questioning witnesses allows jurors to clarify information and better understand the evidence and arguments […]
Briefs
A Milestone for Diversity in MDL
Vol. 100 No. 1 (2016) | 100 Years of JudicatureCenter for Judicial Studies events help pave way for first majority-female steering committee MDLs are where the action is, and the PSC is where the litigation decisions are made for […]
Feature
Open Road? Ford Reroutes Personal Jurisdiction
by Zachary Clopton, Mila Sohoni, Kevin Clermont and Marin K. Levy
Vol. 105 No. 3 (2021) | Leaving AfghanistanWhen can a plaintiff sue in their home state? The answer to that question was once answered fairly simply in a single first-year law class. But over the past decade, […]
Feature
Possible and Needed Reforms in the Administration of Civil Justice in the Federal Courts
Vol. 100 No. 1 (2016) | 100 Years of JudicatureThis year marks the 100th volume of Judicature. To celebrate, each edition of this centennial volume will feature reprints of articles from the journal’s first 100 years. We’ve edited for length […]
Case Note
GM MDL Raises Questions About Fiduciary Duty
Vol. 100 No. 2 (2016) | A Judge in Public LifeIn 2014, General Motors (GM) recalled at least 30 million cars worldwide for problems related to faulty ignition switches that could unexpectedly shut the engine off and prevent the airbags […]
Feature
Developing Civil Procedure Rules for European Courts
Vol. 100 No. 2 (2016) | A Judge in Public LifeELI is the European Law Institute. Its Secretariat is based in Vienna, Austria; its members include judges, lawyers, law professors, ministry of justice officials, and law firms from the European […]
Point/Counterpoint
Point-Counterpoint: Rethinking Mandatory Disclosure
by Michael Lynn and Andrew Hurwitz
Vol. 100 No. 2 (2016) | A Judge in Public LifeIn 1991, the Advisory Committee on Civil Rules published for public comment proposed amendments to FRCP 26(a)(1) that would mandate disclosure of documents and tangible things that “significantly bear on […]
Feature
Ejusdem Generis: What Is It Good For?
Vol. 100 No. 2 (2016) | A Judge in Public LifeIn my view, this canon of interpretation is so fraught with uncertainty of various kinds that courts should give it little weight. Better yet, drafters should not unwittingly bring it […]