Civil Law
Point/Counterpoint
The Privacy-Protection Hook in the Federal Rules
by Steven S. Gensler and Lee Rosenthal
Vol. 105 No. 2 (2021) | Judicial IndependenceWith 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, […]
Point/Counterpoint
The Burden of Privacy In Discovery
by Robert D. Keeling and Ray Mangum
Vol. 105 No. 2 (2021) | Judicial IndependenceWith 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, […]
Feature
The New Restatement of Employment Law: An Analytical Synopsis
Vol. 100 No. 2 (2016) | A Judge in Public LifeIn 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 […]
Point/Counterpoint
The Role of Civil Forfeiture: Are Forfeiture-of-Assets Proceedings Fair or in Need of Reform?
by Stefan D. Cassella and David B. Smith
Vol. 100 No. 4 (2016) | Steady As She GoesUnder federal law, property is forfeited if it is contraband, if it is an instrumentality of a criminal offense, or if it is constituting, derived from, or traceable to any […]
Feature
Guidelines & Best Practices for Implementing the 2015 Discovery Amendments to Achieve Proportionality
Vol. 100 No. 4 (2016) | Steady As She GoesThe Winter 2016 edition of Judicature originally contained excerpts from the Guidelines and Best Practices Guidelines & Best Practices for Implementing the 2015 Discovery Amendments to Achieve Proportionality report published by […]
Feature
A Report from the Proportionality Roadshow
by Steven S. Gensler and Lee Rosenthal
Vol. 100 No. 4 (2016) | Steady As She GoesRecommendations from the Bench and Bar in 17 Cities on Implementing the 2015 Proportionality Amendments 6 MONTHS. 17 CITIES. 20,000 MILES. From November 2015 to May 2016, the “Proportionality Roadshow” […]
Case Note
Cain questions court funding, highlights best practices for proportionality
Vol. 101 No. 1 (2017) | Citizen-centered CourtsCain v. City of New Orleans (15-cv-04479) brings into sharp relief issues threatening the judiciary’s legitimacy, while simultaneously providing a procedural roadmap applying the 2015 discovery-proportionality amendments — themes highlighted […]
Feature
Amended Rule 37(e): What’s New and What’s Next in Spoliation?
Vol. 101 No. 2 (2017) | Can science save justice?AMENDED RULE 37(e) OF THE FEDERAL RULES OF CIVIL PROCEDURE (“RULE 37(e)”) BECAME EFFECTIVE ON DEC. 1, 2015. It emerged as a pithy and focused restatement of the best thinking […]
Feature
The Zooming of Federal Civil Litigation
by Lee Rosenthal, Scott Dodson and Christopher L. Dodson
Vol. 104 No. 3 (2020-21) | Judges on the MarchTwo great forces are upon us. One is COVID-19, a highly infectious disease that has disrupted society around the globe.1 The other is the constant push of technological advancement, which […]
Point/Counterpoint
The Conservative Case for Class Actions
by Brian Fitzpatrick and John H. Beisner
Vol. 104 No. 2 (2020) | Coping with COVIDShould conservatives embrace class actions as the alternative to government regulation for policing corporate misconduct? Affection for the class-action lawsuit has typically split along political lines, with conservatives traditionally balking […]