Civil Law, Federal Courts
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 […]
Law & Culture
Civil Law, Federal Courts
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 […]
Civil Law
by David F. Levi, Chilton Varner, Derek P. Pullan, John G. Koeltl and David G. Campbell
Vol. 99 No. 3 (2015) | Fixing DiscoveryHow 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 […]
Federal Courts
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 […]
Criminal Law
by Daniel J. Capra and Joseph Tartakovsky
Vol. 99 No. 3 (2015) | Fixing DiscoveryIn 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 […]
Civil Law, Federal Courts
by Steven S. Gensler and Lee Rosenthal
Vol. 99 No. 3 (2015) | Fixing DiscoveryIn 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 […]
Judging, Federal Courts
by Jon Deitrich and Lynn S. Adelman
Vol. 99 No. 3 (2015) | Fixing DiscoveryTalk 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 […]
Judging, Federal Courts
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 […]
Civil Law, Federal Courts
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. […]
