Federal Courts

“Our Response Must Be Faster and Louder”

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

Those who become judges don the robe expecting to work hard. They accept that the job comes with heavy caseloads, endless filings to read, and difficult decisions that must be made […]

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The First Fifteen

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

This is a book written with generosity and bravery. It is generous in the sense that 15 Asian American women have decided to share their stories about how they became […]

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Justice Breyer Retires From the Court

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Vol. 106 No. 3 (2023) | Forging New Trails

Justice Stephen Breyer’s retirement from the Supreme Court closes the book on a nearly 30-year term filled with erudite opinions. But it also marks the end of a unique presence in oral arguments. […]

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Visiting Judges: Riding Circuit and Beyond

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Vol. 106 No. 3 (2023) | Forging New Trails

The curious phenomenon of visiting judges and its serious benefits to the federal courts There is a curious phenomenon in the federal courts. An attorney recently arguing before the First Circuit […]

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Shortlisted

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Vol. 106 No. 3 (2023) | Forging New Trails

When Kentanji Brown Jackson was confirmed to the United States Supreme Court, she became the sixth woman to take the bench on the nation’s highest court. Her addition also put […]

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‘The People’ Have Decided

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Vol. 106 No. 2 (2022) | Losing faith?

There are many great judges. Only some have a major impact on our law — or even more rarely on our larger culture and society — and most of those […]

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Third Circuit Clarifies Ascertainability Standard for Class Actions

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Vol. 99 No. 2 (2015) | The Mass-Tort MDL Vortex

Third 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 […]

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Bureaucratizing the Courts? Finding MDL’s Place in the Traditional Legal Culture

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Vol. 99 No. 2 (2015) | The Mass-Tort MDL Vortex

Over 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 […]

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The MDL Vortex Revisited

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Vol. 99 No. 2 (2015) | The Mass-Tort MDL Vortex

One 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 […]

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Collected Wisdom on Selecting Leaders and Managing MDLs

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Vol. 106 No. 1 (2022) | Necessarily Engaged

In 2020, nearly one out of every two new suits filed in federal civil court was part of a multidistrict litigation (MDL). Initially designed to organize antitrust cases against electrical equipment manufacturers, […]

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