Feature

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The Doctrine of the Last Antecedent, the Example in Barnhart, and Why Both Are Weak

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Vol. 99 No. 2 (2015) | The Mass-Tort MDL Vortex

Start with an innocuous example: men and women who are tall. Are you talking about all men or only those who are tall? That is, does the who-clause modify both nouns? There’s no […]

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What Every Judge and Lawyer Needs to Know About Electronic Evidence

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Vol. 99 No. 2 (2015) | The Mass-Tort MDL Vortex

Not long ago, “friend” was a noun, “yelp” meant a shrill bark, “twitter” referred to a chirp, a “tumbler” was a gymnast or a glass, and “facebook,” “youtube,” and “instagram” […]

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A Closer Look at New Pleading in the Litigation Marketplace

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Vol. 99 No. 2 (2015) | The Mass-Tort MDL Vortex

Courts and parties undoubtedly are affected by the new pleading regime of twombly and Iqbal. But, as rational actors, they also are responsive to it. Their responsive behaviors both mitigate […]

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Bureaucratizing the Courts? Finding MDL’s Place in the Traditional Legal Culture

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Vol. 99 No. 2 (2015) | The Mass-Tort MDL Vortex

Over the past three decades three forces gained prominence in the narrative of the 1938 rules: the decline of trials with a companion embrace by bench and bar of arbitration and […]

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The MDL Vortex Revisited

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Vol. 99 No. 2 (2015) | The Mass-Tort MDL Vortex

One of the more interesting cases I worked on as a young associate in the early 1980s involved george steinbrenner, the well-known owner of the New York Yankees. He had […]

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How Technology is Changing Justice in China

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Judicature International (2021-22) | An online-only publication

In their article How Will Technology Change the Face of Chinese Justice? (Columbia Journal of Asian Law, 2020), Professor Zhiyu Li of Durham Law School and Professor Benjamin Chen of […]

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Walking Back Human Rights in Europe?

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Vol. 106 No. 1 (2022), Judicature International (2021-22) | An online-only publication

In Walking Back Human Rights in Europe? (published in the European Journal of International Law, Vol. 31 No. 3, 2020), scholars LAURENCE R. HELFER and ERIK VOETEN examined minority opinions of the European Court of Human Rights […]

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A Tale of Two Restrictions

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Vol. 106 No. 1 (2022) | Necessarily Engaged

The Dynamic Effect of Contribution Limits and Direct Solicitation Rules on Individual Donations to State Supreme Court Campaigns Campaign finance is regulated up and down the ballot under the government’s […]

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Collected Wisdom on Selecting Leaders and Managing MDLs

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Vol. 106 No. 1 (2022) | Necessarily Engaged

In 2020, nearly one out of every two new suits filed in federal civil court was part of a multidistrict litigation (MDL). Initially designed to organize antitrust cases against electrical equipment manufacturers, […]

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Civics Education Resources

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Vol. 106 No. 1 (2022) | Necessarily Engaged

Here are just a few of the many civics education resources mentioned in this edition of Judicature.

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