Point/Counterpoint
Court Administration, Federal Courts
The Docket Debate
by Stephen Vladeck and Trevor N. McFadden
Vol. 108 No. 1 (2024) | Harnessing AI for JusticeEmergency appeals to the Supreme Court are on the rise, giving way to more and more cases in which the Court skips the processes that help explain its work. Is […]
Technology
AI in the Courts: How Worried Should We Be?
by Paul W. Grimm, Cary Coglianese and Maura R. Grossman
Vol. 107 No. 3 (2024) | JustitiaScholars and technologists see both benefits and dangers for AI in the courts. One thing they agree on: AI is here to stay. As we enter 2024, itās tough not […]
Law & Culture
Originalism Is Dead. Long Live Originalism.
by William H. Pryor and Conor Casey
Vol. 107 No. 2 (2023) | Generative AI in the CourtsCan common good constitutionalism replace originalism? Has originalism run its course? Yes, says Harvard Law Professor Adrian Vermeule inĀ Common Good ConstitutionalismĀ (Polity Press, 2022), which advocates for the bookās titular theory […]
Technology
You Are Being Scanned
by David Hoffman, Jolynn Childers Dellinger and Connor Leydecker
Vol. 106 No. 3 (2023) | Forging New TrailsItās 1890.Ā Responding in part to the invention of āinstantaneousā photography, Samuel Warren and Louis Brandeis writeĀ The Right to Privacy, urging legal recognition of āthe right to be let alone,ā which […]
Civil Law
Discovery Cost Shifting: Has Its Time Come?
Vol. 99 No. 2 (2015) | The Mass-Tort MDL VortexSince at least 1990, a few courtsĀ have shifted payment of discovery costs to the requesting party either under their general case- management authority or as part of a Rule 26 […]
Civil Law, Federal Courts
Doing Discovery Right
by J. Leon Holmes and Craig B. Shaffer
Vol. 99 No. 1 (2015) | The View from the BenchJudge Leon Holmes and Magistrate Judge Craig Shaffer compare the merits of proactive versus passive pretrial judicial discovery management. Significant proposed discovery amendments will take effect on Dec. 1, 2015, […]
Civil Law
Claims-Made Class-Action Settlements
by Elizabeth Cabraser and Andrew Pincus
Vol. 99 No. 3 (2015) | Fixing DiscoveryMany of us have received notice, by mail or by newspaper, of a class-action settlement on behalf of consumers who may unwittingly be claimants in a suit asserting that a […]
Judging, Law & Culture
Criticizing the Court: How opinionated should opinions be?
by Orin Kerr and Michael C. Dorf
Vol. 105 No. 3 (2021) | Leaving AfghanistanThe Supreme Court is, naturally, supreme. And in the vast majority of cases, lower courts dutifully enforce the law handed down by the Court without criticism or conversation. Sometimes, however, […]
Civil Law, State Courts, Federal Courts, Criminal Law
Jurors Asking Questions
by David R. Herndon and N. Randy Smith
Vol. 100 No. 1 (2016) | 100 Years of JudicatureIn some courtrooms, the practice of allowing jurors to pose questions to witnesses is gaining traction. Questioning witnesses allows jurors to clarify information and better understand the evidence and arguments […]
Civil Law, Federal Courts
Point-Counterpoint: Rethinking Mandatory Disclosure
by Michael Lynn and Andrew Hurwitz
Vol. 100 No. 2 (2016) | A Judge in Public LifeIn 1991, the Advisory Committee on Civil Rules published for public comment proposed amendments to FRCP 26(a)(1) that would mandate disclosure of documents and tangible things that āsignificantly bear on […]