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

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Summer 2015 | Volume 99 Number 1

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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Summer 2015 | Volume 99 Number 1

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

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Summer 2015 | Volume 99 Number 1

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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Winter 2015 | Volume 99 Number 3

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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Winter 2015 | Volume 99 Number 3

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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Winter 2015 | Volume 99 Number 3

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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Winter 2015 | Volume 99 Number 3

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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Winter 2015 | Volume 99 Number 3

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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Judge of All Trades: Further Thoughts on Specialized Courts

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Winter 2015 | Volume 99 Number 3

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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New Rules, New Opportunities

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Winter 2015 | Volume 99 Number 3

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. […]

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