Civil Law
Since at least 1990, a few courts 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
by J. Leon Holmes and Craig B. Shaffer
Summer 2015 | Volume 99 Number 1Judge 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
by Elizabeth Cabraser and Andrew Pincus
Winter 2015 | Volume 99 Number 3Many 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 […]
Law & Culture, Judging
by Orin Kerr and Michael C. Dorf
Fall/Winter 2021-22 | Volume 105 Number 3The 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
by N. Randy Smith and David R. Herndon
Spring 2016 | Volume 100 Number 1In 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
by Michael Lynn and Andrew Hurwitz
Summer 2016 | Volume 100 Number 2In 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 “significantly bear on […]
Law & Culture, Civil Law
by Steven Gensler and Lee Rosenthal
Summer 2021 | Volume 105 Number 2With the proliferation of social media platforms and other new technologies has come a renewed legal focus on privacy. Most of that focus has centered on data collection, storage, sharing, […]
Civil Law, Criminal Law
by Robert D. Keeling and Ray Mangum
Summer 2021 | Volume 105 Number 2With the proliferation of social media platforms and other new technologies has come a renewed legal focus on privacy. Most of that focus has centered on data collection, storage, sharing, […]
Federal Courts
by Daniel Bean and Roy Altman
Autumn 2016 | Volume 100 Number 3It has been more than five years since the Supreme Court set a new pleading standard with landmark decisions in Bell Atlantic v. Twombly in 2007 and Ashcroft v. Iqbal in 2009. Since Twiqbal, as […]
Civil Law
by David B. Smith and Stefan D. Cassella
Winter 2016 | Volume 100 Number 4Under federal law, property is forfeited if it is contraband, if it is an instrumentality of a criminal offense, or if it is constituting, derived from, or traceable to any […]
