A Report from the Proportionality Roadshow

Volume 100, No. 4 : Winter 2016

Departments

EDITOR’S NOTEEDITOR’S NOTE

The Price of Justice
by Cheri Beasley

BRIEFSBRIEFS

How states establish courts; pushing for clearer recusal procedures; and judicial honors.

AVOIDING SUPREME STALEMATESAVOIDING SUPREME STALEMATES

State high courts avoid tie votes in a variety of ways – some more juris-prudent than others. > Read the article
by Don Willett

AS I SEE IT

Updating the Guidelines and Practices
by John K. Rabiej

Features

A Report from the Proportionality Roadshow

by Lee H. Rosenthal and Steven Gensler

The authors report on the feedback and recommendations gathered from meetings with members of the bench and bar in 17 cities who discussed implementing the 2015 proportionality amendments.

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Revised Guidelines & Practices for Implementing the 2015 Discovery Amendments to Achieve Proportionality

by the Duke Law Center for Judicial Studies

This second iteration of the Guidelines & Practices produced by the Duke Law Center for Judicial Studies for implementing the discovery proportionality amendments integrates the comments of the nearly 2,500 judges and lawyers who participated in the proportionality roadshows and reflects feedback from comments received during a public comment period.

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Money or Justice? How Fees and Fines Have Contributed to Deep Distrust of the Courts – And What Chief Judges Are Doing About It

by David F. Levi

Chief Judges Patricia Breckenridge, Nathan Hecht, and Maureen O’Connor, along with Martin Hoshino, administrative director of the California Judicial Council, and Mary McQueen, president of the National Center for State Courts, discuss the efforts of a national task force to address the courts’ role in the problems described in the Department of Justice’s Ferguson Report.

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Judges Can Fix the System

by Ed Spillane

Far too many indigent defendants are simply cited for contempt of court and land behind bars for inability to pay fees and files. But there’s another way, and I’ve been experimenting with it in my own courtroom.

How Two New Rules for Self-Authentication Will Save You Time and Money

by John M. Haried

The Standing Committee on Federal Rules recently approved two new self-authentication rules for electronic machine-generated evidence. The goal is to save time and money by creating a pretrial procedure for the parties to eliminate court appearances for unnecessary witnesses when there is not a genuine dispute about authenticity. Here’s how the rules work.

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Cross-Border Discovery at a Crossroads

by Michael M. Baylson

Along with explosive globalization there has been a concomitant need for international legal systems to consider exchange of information across sovereign borders. How should a U.S. court analyze conflicting interests in cross-border discovery disputes?

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The Constitution and Judicial Qualifications: A Curious Omission

by John C. Vile and Mario Perez-Reilly

The Constitution carefully spells out qualifications for president and members of Congress, but is virtually silent with regard to judicial qualifications. Why?

Departments

POINT-COUNTERPOINTPOINT-COUNTERPOINT

Attorneys David B. Smith and Stefan D. Cassella discuss the role of civil forfeiture and whether forfeiture-of-assets proceedings are fair or in need of reform.

BOOK REVIEWBOOK REVIEW

David Collins, a justice of the High Court of New Zealand, reviews Louis D. Brandeis: American Prophet, a new look at Justice Brandeis’ far-reaching influence.

THE STORIED THIRD BRANCHTHE STORIED THIRD BRANCH

Meet Albion Tourgeé, a Reconstruction-era crusader for justice.
by Robert N. Hunter