Federal Courts
Feature
Easing Mandatory Minimums Will Not Be Enough
Vol. 100 No. 1 (2016) | 100 Years of JudicatureCongress is finally considering easing mandatory minimum penalties. However, this effort, even if successful, will need to be complemented by actions taken by the United States Sentencing Commission and federal […]
Feature
Possible and Needed Reforms in the Administration of Civil Justice in the Federal Courts
Vol. 100 No. 1 (2016) | 100 Years of JudicatureThis year marks the 100th volume of Judicature. To celebrate, each edition of this centennial volume will feature reprints of articles from the journal’s first 100 years. We’ve edited for length […]
Case Note
GM MDL Raises Questions About Fiduciary Duty
Vol. 100 No. 2 (2016) | A Judge in Public LifeIn 2014, General Motors (GM) recalled at least 30 million cars worldwide for problems related to faulty ignition switches that could unexpectedly shut the engine off and prevent the airbags […]
Point/Counterpoint
Point-Counterpoint: Rethinking Mandatory Disclosure
by Michael Lynn and Andrew Hurwitz
Vol. 100 No. 2 (2016) | A Judge in Public LifeIn 1991, the Advisory Committee on Civil Rules published for public comment proposed amendments to FRCP 26(a)(1) that would mandate disclosure of documents and tangible things that “significantly bear on […]
The Storied Third Branch
Reflections on Judge Edward Weinfeld
Vol. 100 No. 2 (2016) | A Judge in Public LifeJudge Edward Weinfeld was a judge of the Southern District of New York from 1950 until his death in January 1988 at the age of 86. He remained an active […]
Feature
Judicial Independence: Threats Foreign and Domestic
by David F. Levi, Nathan Hecht, Suzanne Spaulding, Rodney Acker and Allyson K. Duncan
Vol. 105 No. 2 (2021) | Judicial IndependenceJudicial Independence has so long been a pillar of American government that perhaps it was at one time taken for granted. The idea that politicians would intimidate judges, that judges […]
Feature
The New Restatement of Employment Law: An Analytical Synopsis
Vol. 100 No. 2 (2016) | A Judge in Public LifeIn April 2015, the American Law Institute published the Restatement of Employment Law, its first publication focusing on this area of law. The single volume consists of 550 pages and […]
Lastly
In Memoriam: Dining with Justice Antonin Scalia
Vol. 100 No. 2 (2016) | A Judge in Public LifeLike many others, I have unusually vivid recollections of Justice Antonin Scalia. How could it not be? His force field was that powerful. I had the benefit of a strong family […]
Briefs
Fixing Discovery: The Judge’s Job
Vol. 100 No. 3 (2016) | Who appointed me god?Editors Note: The following is an excerpt of an article that first appeared in ABA Litigation, Vol. 38 No. 4 (2012). In it, Judge James G. Carr responded to major pleading […]
Point/Counterpoint
Plausibly a plus? Two attorneys discuss the Twiqbal effect
by Daniel Bean and Roy Altman
Vol. 100 No. 3 (2016) | Who appointed me god?It has been more than five years since the Supreme Court set a new pleading standard with landmark decisions in Bell Atlantic v. Twombly in 2007 and Ashcroft v. Iqbal in 2009. Since Twiqbal, as […]