Federal Courts
Feature
Justice Breyer Retires From the Court
by Kannon K. Shanmugam, Sarah Boyce and Erwin Chemerinsky
Vol. 106 No. 3 (2023) | Forging New TrailsJustice 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. […]
Feature
Visiting Judges: Riding Circuit and Beyond
Vol. 106 No. 3 (2023) | Forging New TrailsThe 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 […]
Feature
Shortlisted
by Diane P. Wood, Renee Knake Jefferson and Hannah Brenner Johnson
Vol. 106 No. 3 (2023) | Forging New TrailsWhen 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 […]
Book Review
‘The People’ Have Decided
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 […]
Case Note
Third Circuit Clarifies Ascertainability Standard for Class Actions
Vol. 99 No. 2 (2015) | The Mass-Tort MDL VortexThird 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 […]
Feature
Bureaucratizing the Courts? Finding MDL’s Place in the Traditional Legal Culture
Vol. 99 No. 2 (2015) | The Mass-Tort MDL VortexOver 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 […]
Feature
The MDL Vortex Revisited
Vol. 99 No. 2 (2015) | The Mass-Tort MDL VortexOne 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 […]
Feature
Collected Wisdom on Selecting Leaders and Managing MDLs
by Elizabeth Burch and Stephen R. Bough
Vol. 106 No. 1 (2022) | Necessarily EngagedIn 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, […]
Feature
Shooting From the Hip: Concealed Cameras in the United States Supreme Court
by Kyle C. Kopko and Erin Krause
Vol. 99 No. 2 (2015) | The Mass-Tort MDL VortexOn March 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 […]
Feature
Rule 37(e): The New Law of Electronic Spoliation
Vol. 99 No. 3 (2015) | Fixing DiscoveryEffective 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 […]