Feature

Rule 37(e): The New Law of Electronic Spoliation

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Winter 2015 | Volume 99 Number 3

Effective dec. 1, 2015, federal rule of civil procedure 37(e) will change dramatically the law of spoliation. Prior to the adoption of this rule, the Circuits had split on the […]

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Autopsy Reports and the Confrontation Clause: A Presumption of Admissibility

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Winter 2015 | Volume 99 Number 3

In 2004, the Supreme Court, in Crawford v. Washington,1 restored the “original meaning” of the Sixth Amendment’s Confrontation Clause. The framers of that clause — which guarantees a criminal defendant the […]

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From Rule Text to Reality: Achieving Proportionality in Practice

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Winter 2015 | Volume 99 Number 3

In November 2014, a year before the 2015 discovery amendments could become effective, the Duke Center for Judicial Studies started a project to provide guidance for judges and lawyers on […]

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How Federal Judges Contribute to Mass Incarceration and What They Can Do About It

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Winter 2015 | Volume 99 Number 3

Talk of reforming federal sentencing law is much in the air. Increased public awareness of the fact that the United States is the world capital of mass incarceration has prompted […]

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Cartoon of judge juggling a copyright symbol, gun, oil rig, stethoscope, airplane, and gavel. ,

Judge of All Trades: Further Thoughts on Specialized Courts

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Winter 2015 | Volume 99 Number 3

The proverbial visitor from Mars (or perhaps from the habitable exoplanet Kepler-62f) with an interest in judicial systems would have no trouble perceiving that Earthlings follow two distinct philosophies about […]

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New Rules, New Opportunities

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Winter 2015 | Volume 99 Number 3

In May of 2010, some 200 judges, lawyers, and academics gathered for two days at the Duke University Law School to evaluate the state of civil litigation in federal court. […]

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Judicial Selection and Judicial Independence

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Judicature International | 2021-2022

The process of judicial selection varies dramatically across the globe. Even countries with similar legal structures and systems might select judges in different ways. And while most scholars agree that […]

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Open Road? Ford Reroutes Personal Jurisdiction

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Fall/Winter 2021-22 | Volume 105 Number 3

When can a plaintiff sue in their home state? The answer to that question was once answered fairly simply in a single first-year law class. But over the past decade, […]

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Taking Center Stage: The Virginia Revival Model Courtroom

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Fall/Winter 2021-22 | Volume 105 Number 3

Courthouses serve as monuments to our legal tradition, so a willingness to reconsider design assumptions is essential to the continuing vitality of jury trials.

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Polarization and Partisanship in State Supreme Court Elections

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Fall/Winter 2021-22 | Volume 105 Number 3

Click here to download this article’s accompanying appendix. The increase in partisan polarization in the United States over the last several decades is evident in a variety of ways: in roll-call […]

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