Point/Counterpoint
Civil Law, Criminal Law
The Burden of Privacy In Discovery
by Robert D. Keeling and Ray Mangum
Vol. 105 No. 2 (2021) | Judicial IndependenceWith 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
Plausibly a plus? Two attorneys discuss the Twiqbal effect
by Daniel Bean and Roy Altman
Vol. 100 No. 3 (2016) | Who appointed me god?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 […]
Civil Law
The Role of Civil Forfeiture: Are Forfeiture-of-Assets Proceedings Fair or in Need of Reform?
by Stefan D. Cassella and David B. Smith
Vol. 100 No. 4 (2016) | Steady As She GoesUnder 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 […]
Judging, Law & Culture
A Speech Code for Lawyers?
by Eugene Volokh and Keith Swisher
Vol. 101 No. 1 (2017) | Citizen-centered CourtsIn 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 […]
Judging, Law & Culture, Federal Courts
Qualified Immunity: A Shield Too Big?
by Kyle Hawkins, Clark Neily, Fred Smith Jr. and Jay Schweikert
Vol. 104 No. 3 (2020-21) | Judges on the MarchJudicial 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 […]
Civil Law, Federal Courts
The Conservative Case for Class Actions
by Brian Fitzpatrick and John H. Beisner
Vol. 104 No. 2 (2020) | Coping with COVIDShould 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 […]
Law & Culture, Federal Courts, Constitutional Law
Getting Hotter: Climate Change in the Courts
by James Huffman and Gerald Torres
Vol. 104 No. 1 (2020) | A Clearer ViewPOINT / COUNTERPOINT Climate change has taken center stage politically and socially. As fires raged in Australia, glaciers continued a steady melt, and the winter of 2020 tracked to become […]
Law & Culture, Federal Courts
Piece of Cake?
by Brett G. Scharffs and Frank S. Ravitch
Vol. 102 No. 1 (2018) | Forensic FailPOINT / COUNTERPOINT A baker refuses to create a wedding cake for a same-sex couple because of his religious views on same-sex marriage. The couple claims the baker’s refusal violates […]
Federal Courts, Constitutional Law
One for all: Are nationwide injunctions legal?
by Amanda Frost and Samuel Bray
Vol. 102 No. 3 (2018) | Crowdsourcing and Data AnalyticsNationwide injunctions have been much in the headlines in recent years. Since 2008, lower federal courts have issued dozens of injunctions to block government policies from being enforced not just […]
Technology
To Tweet or Not to Tweet?
by Barbara Berenson and Douglas Nazarian
Vol. 101 No. 4 (2017) | Equal opportunity?Social media applications have become ubiquitous in modern communication. But the use of these applications presents unique challenges for judges, who are not only judicial officers but also parents, community […]