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Judicature

PUBLISHED BY:
Bolch Judicial Institute
Duke Law School

Civil Law

A Report from the Proportionality Roadshow

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Vol. 100 No. 4 (2016) | Steady As She Goes

Recommendations 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” […]

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Lady Justice with law books in background

Cain questions court funding, highlights best practices for proportionality

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Vol. 101 No. 1 (2017) | Citizen-centered Courts

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 […]

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Amended Rule 37(e): What’s New and What’s Next in Spoliation?

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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 […]

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The Zooming of Federal Civil Litigation

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Vol. 104 No. 3 (2020-21) | Judges on the March

Two 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 […]

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The Conservative Case for Class Actions

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Vol. 104 No. 2 (2020) | Coping with COVID

Should 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 […]

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Equal Opportunity? Increasing Diversity in Complex Litigation Leadership

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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 […]

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As I See It

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Vol. 101 No. 3 (2017) | Bold and Persistent Reform

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 […]

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Roundtable: The State of the Judiciary

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Vol. 101 No. 3 (2017) | Bold and Persistent Reform

These are interesting times for the judiciary. Tackling questions of judicial independence, the balance of powers, judicial selection methods, and more, a panel of Duke Law faculty and alumni judges […]

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