Feature

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Plea Bargains: Efficient or Unjust?

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Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

The vast majority of state and federal cases end in plea bargains. The practice has eased backlogs and may benefit some defendants — but the trade-offs, some say, are too […]

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Case Management Reform: The Promise of Big Data (Sidebar)

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Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

In November 2021, some 30 judges and scholars gathered in Santa Monica, Calif., to discuss the prospects for an emerging era of civil case management reform. The participants included proponents of […]

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Managerial Judges: The Long View (Sidebar)

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Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

In a landmark law review article published four decades ago, Professor Judith Resnik expressed skepticism about the rise of “managerial judging.” Professor Resnik contrasted the emerging model of active judicial […]

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Toward Fairer, Quicker, Cheaper Litigation: A Unified Theory of Civil Case Management

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Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

In the year 2000, the California court system created a complex litigation pilot program […]

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The State of Judges’ Well-Being: A Report on the 2019 National Judicial Stress and Resiliency Survey

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Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

Judges have always faced significant stressors, including the burden of consequential decision-making, exposure to disturbing evidence, and isolation. While every judicial assignment has its own mix of concerns, challenge is […]

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Call All Jurors To Serve

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Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

In 1992, New York Chief Judge Judith S. Kaye charged 30 lawyers, judges, court administrators, academics, and citizens to find ways to improve the jury service experience for citizens who […]

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Pre-Deliberation Discussion Makes Sense

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Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

At every jury trial over which I preside, I tell prospective jurors that jury trials are a fundamental part of our judicial system and our system of government. I remind […]

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Virtual Voir Dire Works — for Courts and Jurors

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Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

As the COVID-19 pandemic began rolling through the United States, medical staffs were as busy as they had ever been. News reports showed doctors and nurses grabbing quick naps between […]

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Let Jurors Ask Questions

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Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

The medical malpractice trial involved a claim that an oncologist had delayed diagnosing the cancer in the plaintiff’s arm. As a result, his arm had to be amputated at the […]

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Preliminary Instructions Can Boost Participation

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Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper Litigation

For decades, Arizona’s state courts have spearheaded reforming and improving jury trials. Thirty years ago, the Arizona Supreme Court noted that juries and jury trials had come under increased scrutiny, […]

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