Civil Law
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 […]
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Ejusdem Generis: What Is It Good For?
Vol. 100 No. 2 (2016) | A Judge in Public LifeINTRODUCTION This paper was originally presented at the United Kingdom-United States Legal Exchange in London, England, in September 2015. The Exchange, sponsored by the American College of Trial Lawyers, originated […]
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, […]
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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 […]
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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 […]
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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 […]
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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 […]