Feature
Criminal Law
Forensic Fail? As Research Continues to Underscore the Fallibility of Forensic Science, the Judge’s Role as Gatekeeper is More Important than Ever
Vol. 102 No. 1 (2018) | Forensic FailThis year marks the 25th anniversary of the supreme court’s decision in Daubert V. Merrell Dow Pharmaceuticals, Inc., which fundamentally reshaped how judges evaluate scientific and expert evidence.1 This volume […]
Technology, State Courts, Federal Courts
Crowdsourcing and Data Analytics: The New Settlement Tools
by David Yokum, Christopher Robertson and Bernard Chao
Vol. 102 No. 3 (2018) | Crowdsourcing and Data AnalyticsBy protecting the right to a jury, the state and federal constitutions recognize the fundamental value of having civil and criminal disputes resolved by laypersons. Actual trials, however, are relatively […]
Judging
Judges and Stress: An Examination of Outcomes Predicted by the Model of Judicial Stress
by Charles P. Edwards, Jenny Reichert, Brian H. Bornstein and Monica K. Miller
Vol. 102 No. 3 (2018) | Crowdsourcing and Data AnalyticsJudges are tasked with administering justice and upholding the rights of everyone in accordance with the Constitution. The challenges associated with having to decide the fate of others, coupled with increases […]
Court Administration, State Courts, Federal Courts
The Courts’ Views on Ghostwriting Ethics
Vol. 102 No. 3 (2018) | Crowdsourcing and Data AnalyticsThe Courts’ Views on Ghostwriting Ethics Are Wildly Divergent. It’s Time to Find Uniformity and Enhance Access to Justice. Since the mid-1990s, advocates for increased access to justice have touted […]
Judging, Law & Culture, State Courts
Perceptions of Bias: Do Campaign Contributions Create Public Perceptions of Judicial Bias?
Vol. 102 No. 3 (2018) | Crowdsourcing and Data AnalyticsIn a number of cases, the Illinois Supreme Court suspended the licenses of lawyers who had loaned money directly to the trial judge who was hearing their clients’ cases. They […]
State Courts, Federal Courts
Guidance on New Rule 23 Class Action Settlement Provisions
Vol. 102 No. 3 (2018) | Crowdsourcing and Data AnalyticsOn Dec. 1, 2018, amendments to Federal Rule of Civil Rule of Procedure 23 take effect. The amendments require lawyers to provide additional information up front for the court to […]
Rule of Law, Federal Courts
A Friendly Award: Chief Justice Roberts Presents Justice Ginsburg with The Henry J. Friendly Medal at the 2018 ALI Annual Meeting
Vol. 102 No. 3 (2018) | Crowdsourcing and Data AnalyticsAt the annual meeting of the American Law Institute (ALI) in May, Chief Justice John G. Roberts, Jr., presented the Henry J. Friendly medal to his colleague on the Court, […]
Technology, State Courts, Federal Courts
Data Validation: A crucial step toward controlling and understanding your data
by George Socha and Saaya Shah
Vol. 102 No. 3 (2018) | Crowdsourcing and Data AnalyticsWe all know the volume of data in litigation — particularly email data — continues to grow rapidly, with no sign of abating. That growth is forcing litigants to come […]
Judge Reads, Law & Culture
Six Books for Understanding the Fourteenth Amendment
Vol. 102 No. 2 (2018) | Rights That Made The World RightDuring the 150th anniversary of the ratification of the Fourteenth Amendment, the judicial scholar with an inquiring mind will find much to read, and much historical and constitutional wisdom to […]
Technology
Unlocking the e-discovery TAR blackbox
Vol. 102 No. 2 (2018) | Rights That Made The World RightEDRM at Duke Law has published a proposed set of e-discovery guidelines that explain technology assisted review (TAR), also known as predictive coding and computer assisted review, and is now […]