Feature

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Grand Challenges, Grand Ideas

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Vol. 99 No. 1 | The View from the Bench

Ideas 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 […]

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Searching from Within: The Role of Magistrate Judges in Federal Multi-District Litigation

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Vol. 99 No. 1 | The View from the Bench

While 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 States […]

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Predictability in the Law, Prized yet Not Promoted

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Vol. 99 No. 1 | The View from the Bench

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Once More Unto the Breach? Further Reforms Considered for Rule 23

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Vol. 99 No. 1 | The View from the Bench

Even 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 […]

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The Nuts and Bolts of the 2015 Discovery Amendments

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Vol. 99 No. 3 | Fixing Discovery

How did these new amendments to the civil rules come about? Why now? How will they succeed when past efforts have failed? Duke Lew Dean David F. Levi leads a […]

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

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Vol. 99 No. 3 | Fixing Discovery

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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Vol. 99 No. 3 | Fixing Discovery

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

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From Rule Text to Reality: Achieving Proportionality in Practice

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Vol. 99 No. 3 | Fixing Discovery

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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Vol. 99 No. 3 | Fixing Discovery

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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Vol. 99 No. 3 | Fixing Discovery

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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