Feature

,

Speaking, Listening, and the Rule of Law: Free Speech on Campus

by

Winter 2017 | Volume 101 Number 4

AT THE BEGINNING OF THIS ACADEMIC YEAR, DAVID F. LEVI, DEAN OF DUKE LAW SCHOOL AND THE FORMER CHIEF U.S. DISTRICT JUDGE FOR THE EASTERN DISTRICT OF CALIFORNIA, OFFERED CONVOCATION […]

Read More »

A brief moment in the sun , ,

A Brief Moment in the Sun: The Reconstruction-Era Courts of the Freedman’s Bureau

by

Winter 2017 | Volume 101 Number 4

When he was 16 years old during the summer of 1866, a recently freed slave named Alfred Jefferson rode his employer’s horse without permission. A local criminal judge in Bradford […]

Read More »

going, going, but not quite gone

Going, Going, But Not Quite Gone: Trials Continue to Decline in Federal and State Courts. Does it Matter?

by and

Winter 2017 | Volume 101 Number 4

Trials, particularly jury trials, once played a central role in the American legal system. No longer. While trial remains a theoretical possibility in every case, the reality is quite different. […]

Read More »

How Lockhart should have been decided (Canons are not the key) ,

How Lockhart Should Have Been Decided (Canons Are Not the Key)

by

Winter 2017 | Volume 101 Number 4

That is an altogether presumptuous title, written with a smile. The case is Lockhart v. United States, 136 s. Ct. 958 (2016). It’s fascinating for the debate over conflicting canons […]

Read More »

The Changing Science on Memory and Demeanor – and What It Means for Trial Judges

by

Winter 2017 | Volume 101 Number 4

Unless my experience of trying hundreds of federal civil and criminal jury trials in five federal districts is idiosyncratic, in virtually every case, a verdict turns on the perceived accuracy […]

Read More »

Cluster Clear

Cluster Clear: Are Clustering Tools the Solution to Tedious Identification and Reduction Processes?

by , and

Winter 2017 | Volume 101 Number 4

Frontrunners in the costly game of e-discovery have begun to distinguish themselves by using data analytics in creative and effective ways to tackle the critical tasks of identifying key evidence, unearthing […]

Read More »

, ,

Equal Opportunity? Increasing Diversity in Complex Litigation Leadership

by and

Winter 2017 | Volume 101 Number 4

Does jurisprudence prohibit judges from considering diversity when appointing lawyers to lead roles in complex litigation? Here’s a legal strategy judges can use to help give women and minority lawyers […]

Read More »

What will AI mean for you?

by

Autumn 2017 | Volume 101 Number 3

“Artificial Intelligence in the Law” should be the tagline for what’s next in legal technology, if coverage in the legal press is any guide. Lawyers and vendors alike are extolling […]

Read More »

Data Visualization: What Is It? And Can You Trust It?

by

Summer 2017 | Volume 101 Number 2

The legal technology press is replete with articles touting the advantages of Technology Assisted Review (TAR), mostly as a way to streamline the review of electronically stored information (ESI) and […]

Read More »

The Storied Third Branch with image of tree branch

A Pilgrimage: Commemorating the Magna Carta

by

Select Articles (Pre-2015) | Volumes 1-98

Published October 2013 The 800th anniversary of the signing of the Magna Carta, justly regarded as the foundation of constitutional liberty in the English speaking world, will be celebrated in […]

Read More »