Feature
Federal Courts, Constitutional Law
How Lockhart Should Have Been Decided (Canons Are Not the Key)
Vol. 101 No. 4 (2017) | Equal opportunity?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 […]
State Courts
Going, Going, But Not Quite Gone: Trials Continue to Decline in Federal and State Courts. Does it Matter?
by Jeffrey Q. Smith and Grant R. MacQueen
Vol. 101 No. 4 (2017) | Equal opportunity?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. […]
Technology
Cluster Clear: Are Clustering Tools the Solution to Tedious Identification and Reduction Processes?
by George Socha, Adam Strayer and Heena Shaikh
Vol. 101 No. 4 (2017) | Equal opportunity?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 […]
Technology
What will AI mean for you?
by George Socha
Vol. 101 No. 3 (2017) | Bold and Persistent Reform“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 […]
Technology
Data Visualization: What Is It? And Can You Trust It?
by George Socha
Vol. 101 No. 2 (2017) | Can science save justice?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 […]
Law & Culture, Federal Courts
Shooting From the Hip: Concealed Cameras in the United States Supreme Court
by Kyle C. Kopko and Erin Krause
Vol. 99 No. 2 (2015) | The Mass-Tort MDL VortexOn March 28, 1996, Justices David Souter and Anthony Kennedy testified before a House Appropriations subcommittee to discuss the Supreme Court’s budget for the upcoming fiscal year. Souter, appointed by […]
Technology, Criminal Law
What Every Judge and Lawyer Needs to Know About Electronic Evidence
Vol. 99 No. 2 (2015) | The Mass-Tort MDL VortexNot long ago, “friend” was a noun, “yelp” meant a shrill bark, “twitter” referred to a chirp, a “tumbler” was a gymnast or a glass, and “facebook,” “youtube,” and “instagram” […]
Civil Law, Federal Courts
Bureaucratizing the Courts? Finding MDL’s Place in the Traditional Legal Culture
Vol. 99 No. 2 (2015) | The Mass-Tort MDL VortexOver the past three decades three forces gained prominence in the narrative of the 1938 rules: the decline of trials with a companion embrace by bench and bar of arbitration and […]
Civil Law, Federal Courts
The MDL Vortex Revisited
Vol. 99 No. 2 (2015) | The Mass-Tort MDL VortexOne of the more interesting cases I worked on as a young associate in the early 1980s involved george steinbrenner, the well-known owner of the New York Yankees. He had […]
Civil Law
Wrangling the Beast
Vol. 99 No. 2 (2015) | The Mass-Tort MDL VortexWith multidistrict litigation cases occupying a full third of the federal docket, would you know how to litigate or adjudicate one? If your answer is a bit timid, it may […]