Federal Courts
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 […]
Criminal Law
by Daniel J. Capra and Joseph Tartakovsky
Winter 2015 | Volume 99 Number 3In 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 […]
Civil Law, Federal Courts
by Steven Gensler and Lee Rosenthal
Winter 2015 | Volume 99 Number 3In 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 […]
Judging, Federal Courts
by Lynn S. Adelman and Jon Deitrich
Winter 2015 | Volume 99 Number 3Talk 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 […]
Judging, Federal Courts
by Diane Wood
Winter 2015 | Volume 99 Number 3The 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 […]
Civil Law, Federal Courts
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. […]
International, Judging
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 […]
Civil Law
by Marin K. Levy, Zachary Clopton, Mila Sohoni and Kevin Clermont
Fall/Winter 2021-22 | Volume 105 Number 3When 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, […]
Judging, Law & Culture
by Robert J. Conrad Jr. and Justine Parry Welch
Fall/Winter 2021-22 | Volume 105 Number 3Courthouses serve as monuments to our legal tradition, so a willingness to reconsider design assumptions is essential to the continuing vitality of jury trials.
Law & Culture, State Courts
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 […]
