Judging, Law & Culture
by Matt Liles* and Anthony B. Sanders†
Vol. 107 No. 2 (2023) | Generative AI in the CourtsWhy do judges and lawyers use the phrase “en banc”? Why not just say “the whole court” instead of getting all Continental? If the King’s English was good enough for […]
Law & Culture
Thirty-three years after Martin Luther King’s “I Have a Dream” speech at the Lincoln Memorial, I visited Washington, D.C., for the first time. It was Tuesday, Nov. 5, 1996 — a presidential Election Day. […]
Civil Law, Court Administration
by Michael M. Baylson and Steven S. Gensler
Vol. 107 No. 2 (2023) | Generative AI in the CourtsIn today’s world of borderless commerce, digital documents, and cloud storage, information relevant to U.S. litigation frequently is located outside of the United States. When discovery in a U.S. case […]
Judging, Law & Culture
by Esther Salas and Robin L. Rosenberg
Vol. 107 No. 2 (2023) | Generative AI in the CourtsDaniel Mark Anderl gave his life to protect his parents. Now his parents are making sure his heroic act also protects other judges and their families. In July 2020, an […]
Global, International
The year 2023 has offered the world a dramatic view of life in the age of climate change. Massive wildfires in Canada have burned more than 25 million acres and released […]
Judging
Writers may have their noms de plume; revolutionaries may have noms de guerre. Here, though, we will speak of (to coin a phrase) the noms de litige, and ask: When […]
Law & Culture
Over time, Chief Justice John Marshall’s black judicial robe has assumed a status as fabled as his opinion for the Court in Marbury v. Madison — and one that is just as steeped in myth. […]
Court Administration, Constitutional Law
by Carissa Byrne Hessick, Jeffrey Bellin, Elana Fogel, Anjelica Hendricks, Erin Blondel and John Flynn
Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper LitigationThe 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 […]
Court Administration
by Richard Sander and Eric Helland
Vol. 107 No. 1 (2023) | Toward Fairer, Quicker, Cheaper LitigationIn 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 […]
Court Administration
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 […]
