Briefs

States Continue to Experiment with Partisan Judicial Elections

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Spring 2019 | Volume 103 Number 1

2019 marks the fourth consecutive year of unusually high interest among the states in shifting from partisan to nonpartisan, or from nonpartisan to partisan, judicial elections. It began in 2015, […]

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The Disappearing Probate Court

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Summer 2019 | Volume 103 Number 2

In 1967, Maine voters amended the state constitution to authorize the elimination of the state’s county-controlled, county-operated, county-funded Probate Courts.[1] In 2019, the Maine legislature debated a “concept draft” enabling […]

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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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Direction for TAR

Direction for TAR: Guidance for cross-border data transfer under GDPR

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Winter 2017 | Volume 101 Number 4

EDRM, the organization that devised the widely used Electronic Discovery Reference Model, has strived to keep e-discovery practitioners up to date on the ever-evolving digital landscape. Its guidance and standards, […]

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Direction for TAR

Direction for TAR: EDRM Duke Law sets sights on technology assisted review guidance

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Winter 2017 | Volume 101 Number 4

An organization that develops models and standards for electronic discovery has set its sights on developing guidance on technology assisted review (TAR) – a process that involves using machine learning […]

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GDPR: The Next Y2K?

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Winter 2017 | Volume 101 Number 4

On July 20, 1999, Congress enacted the “Y2K Act” (Pub. L. No. 106-37) to limit potential litigation caused by computer date-change problems brought on by the year 2000. Many feared […]

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How State Courts are Preparing for Continuity in Disaster

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Winter 2017 | Volume 101 Number 4

As hurricanes threatened the southern parts of the United States this summer and fall, state courts were confronted with the challenge of not just maintaining operations but also determining when […]

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As I See It: Bringing Diversity to MDL

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Summer 2017 | Volume 101 Number 2

Results of a recent empirical study dealing with plaintiff steering and other MDL committees paint a lopsided picture of white male-dominated judicial appointments. Findings from 2011 to 2016 show a […]

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Far More Than Mere Mistakes: Judicial Commissions Sanction Judges Who Impose Fines Without Due Process

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Summer 2017 | Volume 101 Number 2

In the roundtable discussion “Money or Justice? How Fees and Fines Have Contributed to Deep Distrust of the Courts — And What Chief Judges Are Doing About It” (from the […]

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