Federal Courts

Ten Years from the Bottom

by Lee Reiners

Summer 2019 | Volume 103 Number 2

March 2009 marked the bottom of the worst stock market decline the United States has seen since the Great Depression. In the 17 months leading up to that date, the Continue Reading »

Sports in the Courts: The NCAA and the Future of Intercollegiate Revenue Sports

by Paul Haagen

Summer 2019 | Volume 103 Number 2

On February 20, 2019, the Duke men’s basketball team met the team from the University of North Carolina at Cameron Indoor Stadium in Durham, North Carolina. The much-hyped game featured Continue Reading »

Table for Nine

by Clare Cushman

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 Continue Reading »

melted ice cream

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

by Gregg Costa

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 Continue Reading »


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

by Jona Goldschmidt

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 Continue Reading »

A crowd of people

Crowdsourcing and Data Analytics: The New Settlement Tools

by Bernard Chao, Christopher Robertson and David Yokum

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 Continue Reading »

Guidance on New Rule 23 Class Action Settlement Provisions

by Judicature Staff

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. Continue Reading »

Data Validation - Summer 2018

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

by George Socha and Saaya Shah

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 Continue Reading »

Nino and Me

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

by Joe Boatwright

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 Continue Reading »

cellphones in courts, summer 2018

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

by William Raftery and Deborah W. Smith

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 Continue Reading »