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Judicature

PUBLISHED BY:
Bolch Judicial Institute
Duke Law School

Civil Law

Second Circuit Distinguishes Abandonment from Default in Summary Judgment

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Vol. 99 No. 1 (2015) | The View from the Bench

In Jackson v. Federal Express, 766 F.3d 189 (2d Cir. 2014), the U.S. Court of Appeals for the Second Circuit addressed a twist on the rule — now codified in Civil […]

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Searching from Within: The Role of Magistrate Judges in Federal Multi-District Litigation

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Vol. 99 No. 1 (2015) | The View from the Bench

While federal magistrate judges are widely viewed as a highly qualified, experienced, and flexible corps of judicial officers who assist Article III district judges in docket management within the United States […]

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Doing Discovery Right

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Vol. 99 No. 1 (2015) | The View from the Bench

Judge Leon Holmes and Magistrate Judge Craig Shaffer compare the merits of proactive versus passive pretrial judicial discovery management. Significant proposed discovery amendments will take effect on Dec. 1, 2015, […]

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Once More Unto the Breach? Further Reforms Considered for Rule 23

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Vol. 99 No. 1 (2015) | The View from the Bench

Even Henry V probably could not exhort the rule makers to action,1 but reported needs of the procedural system may do so. Surely the class-action rule is one of the […]

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Claims-Made Class-Action Settlements

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Vol. 99 No. 3 (2015) | Fixing Discovery

Many of us have received notice, by mail or by newspaper, of a class-action settlement on behalf of consumers who may unwittingly be claimants in a suit asserting that a […]

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The Nuts and Bolts of the 2015 Discovery Amendments

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Vol. 99 No. 3 (2015) | Fixing Discovery

How did these new amendments to the civil rules come about? Why now? How will they succeed when past efforts have failed? Duke Lew Dean David F. Levi leads a […]

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From Rule Text to Reality: Achieving Proportionality in Practice

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Vol. 99 No. 3 (2015) | Fixing Discovery

In November 2014, a year before the 2015 discovery amendments could become effective, the Duke Center for Judicial Studies started a project to provide guidance for judges and lawyers on […]

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Railroad Tracks

New Rules, New Opportunities

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Vol. 99 No. 3 (2015) | Fixing Discovery

In 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. […]

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Cartoon image of a red Ford truck

Open Road? Ford Reroutes Personal Jurisdiction

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Vol. 105 No. 3 (2021) | Leaving Afghanistan

When 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, […]

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Pilot Project for Discovery Protocols for Employment Cases Alleging Diverse Action

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Vol. 100 No. 1 (2016) | 100 Years of Judicature

In 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 […]

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