Feature

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What Can Be Done About Backlogs?

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Vol. 107 No. 2 (2023) | Generative AI in the Courts

No new judgeships have been authorized for the federal courts of appeals in more than 40 years, resulting in a system that is burdened by large caseloads: By 2021, filings […]

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Judging Firearms Evidence and the Rule 702 Amendments

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Vol. 107 No. 2 (2023) | Generative AI in the Courts

Forensic firearms identification involves linking evidence collected from crime scenes — namely, fired cartridge casings and bullets — to a particular firearm. Two assumptions underlie this identification process: First, firearms […]

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En Banc or In Bank? Take a Seat . . .

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Vol. 107 No. 2 (2023) | Generative AI in the Courts

Why do judges and lawyers use the phrase “en banc”? Why not just say “the whole court” instead of getting all Continental? If the King’s English was good enough for […]

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Inheritance of Hope

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Vol. 107 No. 2 (2023) | Generative AI in the Courts

Thirty-three years after Martin Luther King’s “I Have a Dream” speech at the Lincoln Memorial, I visited Washington, D.C., for the first time. It was Tuesday, Nov. 5, 1996 — a presidential Election Day. […]

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Should the Federal Rules of Civil Procedure Be Amended to Address Cross-Border Discovery?

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Vol. 107 No. 2 (2023) | Generative AI in the Courts

In today’s world of borderless commerce, digital documents, and cloud storage, information relevant to U.S. litigation frequently is located outside of the United States. When discovery in a U.S. case […]

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In Daniel’s Name

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Vol. 107 No. 2 (2023) | Generative AI in the Courts

Daniel Mark Anderl gave his life to protect his parents. Now his parents are making sure his heroic act also protects other judges and their families. In July 2020, an […]

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Climate Change Litigation: Challenging the Horizons of Law

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Judicature International (2023) | An online-only publication

The year 2023 has offered the world a dramatic view of life in the age of climate change. Massive wildfires in Canada have burned more than 25 million acres and released […]

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If Pseudonyms, Then What Kind?

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Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

Writers may have their noms de plume; revolutionaries may have noms de guerre. Here, though, we will speak of (to coin a phrase) the noms de litige, and ask: When […]

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John Marshall’s Judicial Robe: Witness to Constitutional History

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Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

Over time, Chief Justice John Marshall’s black judicial robe has assumed a status as fabled as his opinion for the Court in Marbury v. Madison — and one that is just as steeped in myth. […]

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Plea Bargains: Efficient or Unjust?

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Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

The vast majority of state and federal cases end in plea bargains. The practice has eased backlogs and may benefit some defendants — but the trade-offs, some say, are too […]

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