Feature

,

10 Things Judges Should Know About Cryptocurrency

by

Vol. 106 No. 2 (2022) | Losing faith?

By now, you have probably heard of cryptocurrency and blockchain technology. Perhaps, however, you have found the topics impenetrable or doubted their relevance to the courtroom. But cryptocurrency is a […]

Read More »

,

Legal Information vs. Legal Advice: A 25 Year Retrospective

by

Vol. 106 No. 2 (2022) | Losing faith?

In modern times, a key question in access to justice has been: To what extent can court personnel assist unrepresented litigants in filing and managing their claims? The answer to […]

Read More »

, ,

Trauma-Informed Judicial Practice from the Judges’ Perspective

by , , , and

Vol. 106 No. 2 (2022) | Losing faith?

Research sends a clear message: The effects of trauma cannot be ignored within our court system. Up to 90 percent of adolescents and 75 percent of adults involved in the […]

Read More »

, ,

Judges, Judging and Otherwise

by

Vol. 106 No. 2 (2022) | Losing faith?

Ask the average person to imagine what a judge does, and the answer will most likely be something right out of a courtroom from Law & Order — or Legally Blonde, Just Mercy, My […]

Read More »

,

Reforming the Electoral Count Act, Safeguarding the Vote

by , and

Vol. 106 No. 2 (2022) | Losing faith?

At the invitation of the leaders of The American Law Institute (ALI), a group of legal experts representing a range of legal and political views has developed a slate of […]

Read More »

, , ,

Bolch Prize 2022: A Shining Example

by , , , , and

Vol. 106 No. 2 (2022) | Losing faith?

Through more than 50 years of service on the federal bench, Judge J. Clifford Wallace, chief judge emeritus of the U.S. Court of Appeals for the Ninth Circuit, has led […]

Read More »

Person walking on tightrope of cartoon bombs , ,

Tightrope Act: Can new FISA court reforms address privacy concerns without impeding anti-terrorism efforts?

by

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

Although the revamping of bulk data-collection practices dominated headlines about the passage of the USA Freedom Act in June, the new law also contained reforms of the Foreign Intelligence Surveillance Court […]

Read More »

,

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

by

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 […]

Read More »

,

What Every Judge and Lawyer Needs to Know About Electronic Evidence

by

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” […]

Read More »

A Closer Look at New Pleading in the Litigation Marketplace

by

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 […]

Read More »