Civil Law
Feature
Equal Opportunity? Increasing Diversity in Complex Litigation Leadership
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
As I See It
Vol. 101 No. 3 (2017) | Bold and Persistent ReformThe 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 […]
In Conversation
Roundtable: The State of the Judiciary
by David F. Levi, H. Jefferson Powell, Don R. Willett, Ernest A. Young, Margaret H. Lemos and Carolyn B. Kuhl
Vol. 101 No. 3 (2017) | Bold and Persistent ReformThese 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 […]
Point/Counterpoint
Discovery Cost Shifting: Has Its Time Come?
Vol. 99 No. 2 (2015) | The Mass-Tort MDL VortexSince at least 1990, a few courts have shifted payment of discovery costs to the requesting party either under their general case- management authority or as part of a Rule 26 […]
Case Note
Third Circuit Clarifies Ascertainability Standard for Class Actions
Vol. 99 No. 2 (2015) | The Mass-Tort MDL VortexThird Circuit Clarifies Ascertainability Standard for Class Actions In Byrd v. Aaron’s, Inc. (Byrd v. Aaron’s Inc., 784 F.3d 154 (3d Cir. 2015)), the U.S. Court of Appeals for the Third […]
Feature
Bureaucratizing the Courts? Finding MDL’s Place in the Traditional Legal Culture
Vol. 99 No. 2 (2015) | The Mass-Tort MDL VortexOver the past three decades three forces gained prominence in the narrative of the 1938 rules: the decline of trials with a companion embrace by bench and bar of arbitration and […]
Feature
The MDL Vortex Revisited
Vol. 99 No. 2 (2015) | The Mass-Tort MDL VortexOne of the more interesting cases I worked on as a young associate in the early 1980s involved george steinbrenner, the well-known owner of the New York Yankees. He had […]
Feature
Wrangling the Beast
Vol. 99 No. 2 (2015) | The Mass-Tort MDL VortexWith multidistrict litigation cases occupying a full third of the federal docket, would you know how to litigate or adjudicate one? If your answer is a bit timid, it may […]
Feature
A Closer Look at New Pleading in the Litigation Marketplace
by Scott Dodson
Vol. 99 No. 2 (2015) | The Mass-Tort MDL VortexCourts and parties undoubtedly are affected by the new pleading regime of twombly and Iqbal. But, as rational actors, they also are responsive to it. Their responsive behaviors both mitigate […]
Briefs
On the Hill: PATENT Act Aims To Curb Patent Trolls
by Arti K. Rai
Vol. 99 No. 2 (2015) | The Mass-Tort MDL VortexOn Apr. 29, a bipartisan coalition of Senate Judiciary Committee members led by Senators John Cornyn (R-TX) and Chuck Schumer (D-NY) introduced the Protecting American Talent and Entrepreneurship Act of […]