Federal Courts

Time Magazine Supreme Court Photo - 1937

Shooting From the Hip: Concealed Cameras in the United States Supreme Court

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Autumn 2015 | Volume 99 Number 2

On mar. 28, 1996, Justices David Souter and Anthony Kennedy testified before a House Appropriations subcommittee to discuss the Supreme Court’s budget for the upcoming fiscal year. Souter, appointed by […]

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Cited

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Summer 2015 | Volume 99 Number 1

Book: Federal Civil Procedure Manual Authors: Lee H. Rosenthal, David F. Levi, John K. Rabiej Publisher: Juris Publishing Publication Date: 11/2014 ISBN: 978-57823-378-6 Buy: http://www.jurispub.com/cart.php?m=product_detail&p=17102 About the authors: Lee H. Rosenthal is a U.S. District Court Judge […]

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Second Circuit Distinguishes Abandonment from Default in Summary Judgment

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Summer 2015 | Volume 99 Number 1

In Jackson v. Federal Express, 766 F.3d 189 (2d Cir. 2014), the U.S. Court of Appeals for the Second Circuit addressed a twist on the rule — now codified in Civil […]

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Searching from Within: The Role of Magistrate Judges in Federal Multi-District Litigation

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Summer 2015 | Volume 99 Number 1

While federal magistrate judges are widely viewed as a highly qualified, experienced, and flexible corps of judicial officers who assist Article III district judges in docket management within the United States […]

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Doing Discovery Right

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Summer 2015 | Volume 99 Number 1

Judge Leon Holmes and Magistrate Judge Craig Shaffer compare the merits of proactive versus passive pretrial judicial discovery management. Significant proposed discovery amendments will take effect on Dec. 1, 2015, […]

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Once More Unto the Breach? Further Reforms Considered for Rule 23

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Summer 2015 | Volume 99 Number 1

Even Henry V probably could not exhort the rule makers to action,1 but reported needs of the procedural system may do so. Surely the class-action rule is one of the […]

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Rule 37(e): The New Law of Electronic Spoliation

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Winter 2015 | Volume 99 Number 3

Effective dec. 1, 2015, federal rule of civil procedure 37(e) will change dramatically the law of spoliation. Prior to the adoption of this rule, the Circuits had split on the […]

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From Rule Text to Reality: Achieving Proportionality in Practice

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Winter 2015 | Volume 99 Number 3

In November 2014, a year before the 2015 discovery amendments could become effective, the Duke Center for Judicial Studies started a project to provide guidance for judges and lawyers on […]

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Barbed Wire Fence

How Federal Judges Contribute to Mass Incarceration and What They Can Do About It

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Winter 2015 | Volume 99 Number 3

Talk of reforming federal sentencing law is much in the air. Increased public awareness of the fact that the United States is the world capital of mass incarceration has prompted […]

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Cartoon of judge juggling a copyright symbol, gun, oil rig, stethoscope, airplane, and gavel.

Judge of All Trades: Further Thoughts on Specialized Courts

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Winter 2015 | Volume 99 Number 3

The proverbial visitor from Mars (or perhaps from the habitable exoplanet Kepler-62f) with an interest in judicial systems would have no trouble perceiving that Earthlings follow two distinct philosophies about […]

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