Court Administration
Feature
Should the Federal Rules of Civil Procedure Be Amended to Address Cross-Border Discovery?
by Michael M. Baylson and Steven S. Gensler
Vol. 107 No. 2 (2023) | Generative AI in the CourtsIn 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 […]
Feature
Plea Bargains: Efficient or Unjust?
by Carissa Byrne Hessick, Jeffrey Bellin, Elana Fogel, Anjelica Hendricks, Erin Blondel and John Flynn
Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper LitigationThe 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 […]
Feature
Case Management Reform: The Promise of Big Data (Sidebar)
by Richard Sander and Eric Helland
Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper LitigationIn 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 […]
Feature
Managerial Judges: The Long View (Sidebar)
Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper LitigationIn 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 […]
Feature
Toward Fairer, Quicker, Cheaper Litigation: A Unified Theory of Civil Case Management
by Carolyn B. Kuhl and William F. Highberger
Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper LitigationIn the year 2000, the California court system created a complex litigation pilot program […]
Feature
Call All Jurors To Serve
Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper LitigationIn 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 […]
Feature
Virtual Voir Dire Works — for Courts and Jurors
Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper LitigationAs 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 […]
Feature
Let Jurors Ask Questions
Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper LitigationThe 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 […]
Feature
Perfecting Jury Trials
by Gregory Mize
Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper LitigationDespite deep societal divisions, jury trials remain oases for resolving disputes in a civil, orderly, and deliberative way. In courtroom theaters, jurors daily sort through conflicting and sometimes horrifying evidence. […]
Feature
Visiting Judges: Going Global
by Alyssa S. King and Pamela K. Bookman
Vol. 106 No. 3 (2023) | Forging New TrailsFederal judges within the United States travel to sit on other circuits, but are typically restricted from holding external office or visiting international courts. After they leave the bench, however, […]