Federal Courts

Sketch of Supreme Court Justices eating lunch together

Table for Nine

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Fall/Winter 2018 | Volume 102 Number 3

Food traditions have always been important at the Supreme Court, as the justices have purposefully sought occasions to break bread together to reinforce cordiality and cooperation. Their most important culinary […]

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Melted ice cream

Clerking to Excess? The Case Against Second (and Third and Fourth) Clerkships

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Fall/Winter 2018 | Volume 102 Number 3

There can be too much of a good thing. We know that’s true for food and drink, but we haven’t yet realized it’s also true for judicial clerkships. There has […]

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Old spectacles and ink pen on paper surface under beam of light

Ghosting: The Courts’ Views on Ghostwriting Ethics Are Wildly Divergent. It’s Time to Find Uniformity and Enhance Access to Justice

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Fall/Winter 2018 | Volume 102 Number 3

Since the mid-1990s, advocates for increased access to justice have touted unbundled (or limited-scope, or discrete-task) legal services as a means of distributing legal services to those unable to afford […]

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A crowd of people

Crowdsourcing and Data Analytics: The New Settlement Tools

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Fall/Winter 2018 | Volume 102 Number 3

By protecting the right to a jury, the state and federal constitutions recognize the fundamental value of having civil and criminal disputes resolved by laypersons. Actual trials, however, are relatively […]

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Guidance on New Rule 23 Class Action Settlement Provisions

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Fall/Winter 2018 | Volume 102 Number 3

Executive Summary Developed and published by the Bolch Judicial Institute of Duke Law School November 2018 ON DEC. 1, 2018, AMENDMENTS TO FEDERAL RULE OF CIVIL PROCEDURE 23 TAKE EFFECT. […]

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Magnifying glass over stylized picture of graphs and charts

Data Validation: A crucial step toward controlling and understanding your data

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Fall/Winter 2018 | Volume 102 Number 3

We all know the volume of data in litigation — particularly email data — continues to grow rapidly, with no sign of abating. That growth is forcing litigants to come […]

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"Nino and Me" book cover

Supreme Collaboration: Fun stories plus useful advice for would-be coauthors

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Fall/Winter 2018 | Volume 102 Number 3

Collaborative writing can be a delicate endeavor for many judges, especially when collaborating with someone who is not a judge. Bryan Garner’s newest book, Nino and Me, offers not just […]

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Woman holding up iPhones falling in a domino effect

Cell Phones in Court: Court cell phone policies attempt to balance risks with litigants’ needs

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Fall/Winter 2018 | Volume 102 Number 3

A resolution adopted by the Conference of Chief Justices and Conference of State Court Administrators in August 2018 (Resolution 7) encourages courts to carefully review and assess their policies for […]

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Picture of Chief Justice Roberts, Justice Ginsburg, and David F. Levi holding an award

A Friendly Award: Chief Justice Roberts Presents Justice Ginsburg with The Henry J. Friendly Medal at the 2018 ALI Annual Meeting

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Fall/Winter 2018 | Volume 102 Number 3

At the annual meeting of the American Law Institute (ALI) in May, Chief Justice John G. Roberts, Jr., presented the Henry J. Friendly medal to his colleague on the Court, […]

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Point Counterpoint

One for all: Are nationwide injunctions legal?

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Fall/Winter 2018 | Volume 102 Number 3

Nationwide injunctions have been much in the headlines in recent years. Since 2008, lower federal courts have issued dozens of injunctions to block government policies from being enforced not just […]

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