Court Administration

The Courthouse Ethics and Transparency Act: New Obligations for Federal Judges

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Vol. 107 No. 2 (2023) | Generative AI in the Courts

The debate over an ethics code for Supreme Court justices has made headlines recently. But the justices — along with the rest of the federal judiciary — have long been […]

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What Can Be Done About Backlogs?

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Vol. 107 No. 2 (2023) | Generative AI in the Courts

No new judgeships have been authorized for the federal courts of appeals in more than 40 years, resulting in a system that is burdened by large caseloads: By 2021, filings […]

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Should the Federal Rules of Civil Procedure Be Amended to Address Cross-Border Discovery?

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Vol. 107 No. 2 (2023) | Generative AI in the Courts

In today’s world of borderless commerce, digital documents, and cloud storage, information relevant to U.S. litigation frequently is located outside of the United States. When discovery in a U.S. case […]

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Plea Bargains: Efficient or Unjust?

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Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

The vast majority of state and federal cases end in plea bargains. The practice has eased backlogs and may benefit some defendants — but the trade-offs, some say, are too […]

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Case Management Reform: The Promise of Big Data (Sidebar)

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Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

In November 2021, some 30 judges and scholars gathered in Santa Monica, Calif., to discuss the prospects for an emerging era of civil case management reform. The participants included proponents of […]

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Managerial Judges: The Long View (Sidebar)

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Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

In a landmark law review article published four decades ago, Professor Judith Resnik expressed skepticism about the rise of “managerial judging.” Professor Resnik contrasted the emerging model of active judicial […]

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Toward Fairer, Quicker, Cheaper Litigation: A Unified Theory of Civil Case Management

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Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

In the year 2000, the California court system created a complex litigation pilot program […]

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Call All Jurors To Serve

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Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

In 1992, New York Chief Judge Judith S. Kaye charged 30 lawyers, judges, court administrators, academics, and citizens to find ways to improve the jury service experience for citizens who […]

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Virtual Voir Dire Works — for Courts and Jurors

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Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

As the COVID-19 pandemic began rolling through the United States, medical staffs were as busy as they had ever been. News reports showed doctors and nurses grabbing quick naps between […]

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Let Jurors Ask Questions

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Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

The medical malpractice trial involved a claim that an oncologist had delayed diagnosing the cancer in the plaintiff’s arm. As a result, his arm had to be amputated at the […]

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