Point/Counterpoint

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Criticizing the Court: How opinionated should opinions be?

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Fall/Winter 2021-22 | Volume 105 Number 3

The 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, […]

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Jurors Asking Questions

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Spring 2016 | Volume 100 Number 1

In 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 […]

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Point-Counterpoint: Rethinking Mandatory Disclosure

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Summer 2016 | Volume 100 Number 2

In 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 […]

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The Privacy-Protection Hook in the Federal Rules

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Summer 2021 | Volume 105 Number 2

With 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, […]

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The Burden of Privacy In Discovery

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Summer 2021 | Volume 105 Number 2

With 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, […]

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Plausibly a plus? Two attorneys discuss the Twiqbal effect

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Autumn 2016 | Volume 100 Number 3

It 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 […]

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The Role of Civil Forfeiture: Are Forfeiture-of-Assets Proceedings Fair or in Need of Reform?

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Winter 2016 | Volume 100 Number 4

Under 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 […]

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A Speech Code for Lawyers?

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Spring 2017 | Volume 101 Number 1

In August 2016, the American Bar Association amended its model rules of professional conduct by banning professional conduct that constitutes harassment or discrimination. Some cheer the new rule as a […]

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Qualified Immunity: A Shield Too Big?

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Fall/Winter 2020–21 | Volume 104 Number 3

Judicial doctrine is rarely the subject of public conversation. So it was once for qualified immunity, which rested for many centuries in a kind of lawyerly tomb — largely the […]

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The Conservative Case for Class Actions

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Summer 2020 | Volume 104 Number 2

Should conservatives embrace class actions as the alternative to government regulation for policing corporate misconduct? Affection for the class-action lawsuit has typically split along political lines, with conservatives traditionally balking […]

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