by J. Leon Holmes and Craig B. Shaffer
Vol. 99 No. 1 (2015) | The View from the BenchJudge 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, […]
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 […]
by Elizabeth Cabraser and Andrew Pincus
Vol. 99 No. 3 (2015) | Fixing DiscoveryMany 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 […]
by David F. Levi, Chilton Varner, John G. Koeltl, David G. Campbell and Derek P. Pullan
Vol. 99 No. 3 (2015) | Fixing DiscoveryHow 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 […]
by Steven Gensler and Lee Rosenthal
Vol. 99 No. 3 (2015) | Fixing DiscoveryIn 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 […]
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. […]
by Marin K. Levy, Zachary Clopton, Mila Sohoni and Kevin Clermont
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, […]
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 […]
by N. Randy Smith and David R. Herndon
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 […]
Center 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 […]