Civil Law

Point Counterpoint

Jurors Asking Questions

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

In 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 […]

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Hands surrounding scales of justice

A Milestone for Diversity in MDL

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

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 […]

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Judicature Society

Possible and Needed Reforms in the Administration of Civil Justice in the Federal Courts

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

This 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 […]

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Sketch of VW Bug with Questions Marks coming out of tailpipe

GM MDL Raises Questions About Fiduciary Duty

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Vol. 100 No. 2 (2016) | A Judge in Public Life

In 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 […]

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Scales of Justice

Developing Civil Procedure Rules for European Courts

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Vol. 100 No. 2 (2016) | A Judge in Public Life

ELI 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 […]

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Point Counterpoint

Point-Counterpoint: Rethinking Mandatory Disclosure

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Vol. 100 No. 2 (2016) | A Judge in Public Life

In 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 […]

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Cartoon of a lawyer with his head in his hand

Ejusdem Generis: What Is It Good For?

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Vol. 100 No. 2 (2016) | A Judge in Public Life

In 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 […]

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PrivacyProtection_1

The Privacy-Protection Hook in the Federal Rules

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Vol. 105 No. 2 (2021) | Judicial Independence

With the proliferation of social media platforms and other new technologies has come a renewed legal focus on privacy. Most of that focus has centered on data collection, storage, sharing, […]

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Privacy Protection

The Burden of Privacy In Discovery

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Vol. 105 No. 2 (2021) | Judicial Independence

With the proliferation of social media platforms and other new technologies has come a renewed legal focus on privacy. Most of that focus has centered on data collection, storage, sharing, […]

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Image of person being stepped on by a giant foot

The New Restatement of Employment Law: An Analytical Synopsis

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Vol. 100 No. 2 (2016) | A Judge in Public Life

In April 2015, the American Law Institute published the Restatement of Employment Law, its first publication focusing on this area of law. The single volume consists of 550 pages and […]

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