Point/Counterpoint

AI in the Courts: How Worried Should We Be?

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Vol. 107 No. 3 (2024) | Justitia

Scholars 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, it’s tough not […]

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Originalism Is Dead. Long Live Originalism.

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Vol. 107 No. 2 (2023) | Generative AI in the Courts

Can common good constitutionalism replace originalism? Has originalism run its course? Yes, says Harvard Law Professor Adrian Vermeule in Common Good Constitutionalism (Polity Press, 2022), which advocates for the book’s titular theory […]

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You Are Being Scanned

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Vol. 106 No. 3 (2023) | Forging New Trails

It’s 1890. Responding in part to the invention of “instantaneous” photography, Samuel Warren and Louis Brandeis write The Right to Privacy, urging legal recognition of “the right to be let alone,” which […]

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Discovery Cost Shifting: Has Its Time Come?

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

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 […]

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Doing Discovery Right

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Vol. 99 No. 1 (2015) | The View from the Bench

Judge 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, […]

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Claims-Made Class-Action Settlements

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Vol. 99 No. 3 (2015) | Fixing Discovery

Many 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 […]

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Criticizing the Court: How opinionated should opinions be?

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Vol. 105 No. 3 (2021) | Leaving Afghanistan

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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Vol. 100 No. 1 (2016) | 100 Years of Judicature

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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Vol. 100 No. 2 (2016) | A Judge in Public Life

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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Vol. 105 No. 2 (2021) | Judicial Independence

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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