Feature
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 […]
Point/Counterpoint
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
The 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
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 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) 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
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
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 […]
Feature
by Michael M. Baylson and Cecily Harris
Vol. 101 No. 4 (2017) | Equal opportunity?Does jurisprudence prohibit judges from considering diversity when appointing lawyers to lead roles in complex litigation? Here’s a legal strategy judges can use to help give women and minority lawyers […]
Perspective
The Federal Rules of Civil Procedure should be abrogated. I speak not of the criticisms of the rules as a failure to ensure the just, speedy, and inexpensive determination of […]
