Feature
Global, Rule of Law, Constitutional Law
Tightrope Act: Can new FISA court reforms address privacy concerns without impeding anti-terrorism efforts?
by Maj. Gen. Charles J. Dunlap, Jr. USAF (ret.)
Vol. 99 No. 2 (2015) | The Mass-Tort MDL VortexAlthough the revamping of bulk data-collection practices dominated headlines about the passage of the USA Freedom Act in June, the new law also contained reforms of the Foreign Intelligence Surveillance Court […]
Judging, Law & Culture
The Doctrine of the Last Antecedent, the Example in Barnhart, and Why Both Are Weak
Vol. 99 No. 2 (2015) | The Mass-Tort MDL VortexStart with an innocuous example: men and women who are tall. Are you talking about all men or only those who are tall? That is, does the who-clause modify both nouns? There’s no […]
Civil Law
A Closer Look at New Pleading in the Litigation Marketplace
by Scott Dodson
Vol. 99 No. 2 (2015) | The Mass-Tort MDL VortexCourts and parties undoubtedly are affected by the new pleading regime of twombly and Iqbal. But, as rational actors, they also are responsive to it. Their responsive behaviors both mitigate […]
Civil Law, Federal Courts
Once More Unto the Breach? Further Reforms Considered for Rule 23
Vol. 99 No. 1 (2015) | The View from the BenchEven Henry V probably could not exhort the rule makers to action,1 but reported needs of the procedural system may do so. Surely the class-action rule is one of the […]
Civil Law, Federal Courts
Searching from Within: The Role of Magistrate Judges in Federal Multi-District Litigation
Vol. 99 No. 1 (2015) | The View from the BenchWhile federal magistrate judges are widely viewed as a highly qualified, experienced, and flexible corps of judicial officers who assist Article III district judges in docket management within the United […]
Law & Culture
Predictability in the Law, Prized yet Not Promoted
Vol. 99 No. 1 (2015) | The View from the BenchA Study in Judicial Priorities Predictability in the law is treasured as a core value in American jurisprudence, yet in some cases judges make decisions that they know will diminish […]
Judging
The View From the Bench: What Grand Challenges Do You See In Your Court?
by David F. Levi, Nathan Hecht, Robert Katzmann and Tani Cantil-Sakauye
Vol. 99 No. 1 (2015) | The View from the BenchDean Levi turns to leaders in the judiciary — Chief Justice Tani Cantil-Sakauye (Supreme Court of California), Chief Justice Nathan L. Hecht (Supreme Court of Texas), and Chief Judge Robert […]
Judging
Grand Challenges, Grand Ideas
Vol. 99 No. 1 (2015) | The View from the BenchIdeas for surmounting the biggest challenges facing the judiciary and the legal profession today. In delivering the Lloyd D. George Lecture on the Judicial Process at UNLV William S. Boyd […]
Judging, Law & Culture
Why Putting Cameras In the Courtroom Is Not As Crazy As You Think
by Alex Kozinski and John Major
Vol. 99 No. 1 (2015) | The View from the BenchPublic interest in the American jury system is at an all-time high. Late last year, NPR’s hit podcast “Serial” pulled in over 1 million listeners per week as it recounted […]
Law & Culture
A Pilgrimage: Commemorating the Magna Carta
by Avern Cohn
Select Articles (Pre-2015) | Volumes 1-98Published 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 […]