Feature

Rule 37(e): The New Law of Electronic Spoliation

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Vol. 99 No. 3 (2015) | Fixing Discovery

Effective 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 […]

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Autopsy Reports and the Confrontation Clause: A Presumption of Admissibility

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Vol. 99 No. 3 (2015) | Fixing Discovery

In 2004, the Supreme Court, inĀ Crawford v. Washington,Ā restored the ā€œoriginal meaningā€ of the Sixth Amendment’s Confrontation Clause. The framers of that clause — which guarantees a criminal defendant the right […]

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From Rule Text to Reality: Achieving Proportionality in Practice

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Vol. 99 No. 3 (2015) | Fixing Discovery

In November 2014, a year before the 2015 discovery amendments could become effective, the Duke Center for Judicial Studies started a project to provide guidance for judges and lawyers on […]

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How Federal Judges Contribute to Mass Incarceration and What They Can Do About It

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Vol. 99 No. 3 (2015) | Fixing Discovery

Talk of reforming federal sentencing law is much in the air. Increased public awareness of the fact that the United States is the world capital of mass incarceration has prompted […]

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Cartoon of judge juggling a copyright symbol, gun, oil rig, stethoscope, airplane, and gavel. ,

Judge of All Trades: Further Thoughts on Specialized Courts

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Vol. 99 No. 3 (2015) | Fixing Discovery

The proverbial visitor from Mars (or perhaps from the habitable exoplanet Kepler-62f) with an interest in judicial systems would have no trouble perceiving that Earthlings follow two distinct philosophies about […]

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New Rules, New Opportunities

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Vol. 99 No. 3 (2015) | Fixing Discovery

In May of 2010, some 200 judges, lawyers, and academics gathered for two days at the Duke University Law School to evaluate the state of civil litigation in federal court. […]

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Judicial Selection and Judicial Independence

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Judicature International (2021-22) | An online-only publication

The process of judicial selection varies dramatically across the globe. Even countries with similar legal structures and systems might select judges in different ways. And while most scholars agree that […]

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Open Road? Ford Reroutes Personal Jurisdiction

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Vol. 105 No. 3 (2021) | Leaving Afghanistan

When can a plaintiff sue in their home state? The answer to that question was once answered fairly simply in a single first-year law class. But over the past decade, […]

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Polarization and Partisanship in State Supreme Court Elections

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Vol. 105 No. 3 (2021) | Leaving Afghanistan

Click hereĀ to download this article’s accompanying appendix. The increase in partisan polarization in the United States over the last several decades is evident in a variety of ways: in roll-call […]

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Taking Center Stage: The Virginia Revival Model Courtroom

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Vol. 105 No. 3 (2021) | Leaving Afghanistan

Courthouses serve as monuments to our legal tradition, so a willingness to reconsider design assumptions is essential to the continuing vitality of jury trials.

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