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Manuals, Monographs & Guides

As part of its educational mission, the Center produces monographs on substantive legal subjects and a variety of manuals and guides for judges and court staff. Topics covered include discrete areas of law, courtroom and case-management procedures, the Federal Rules, and different types of litigation. These publications are authored by Center staff and outside subject-matter experts. See also Reports & Studies.

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The 1980 Hague Convention on the Civil Aspects of International Child Abduction: A Guide for Judges, Third Edition

This guide is designed to assist federal and state judges in dealing with proceedings for the return of children under the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Cases arising under the 1980 Convention present challenges to trial and appellate courts owing to unique legal concepts and the time-sensitive nature of the proceedings.

August 31, 2023
The "Rule of Reason" in Antitrust Analysis: General Issues

A 1981 essay that explained the difference between "per se unlawful " and "rule of reason " restraints in antitrust litigation.

January 1, 1981
Ten Steps to Better Case Management: A Guide for Multidistrict Litigation Transferee Judges, Second Edition
This guide is intended to help transferee judges with their MDL cases. Section 1407 empowers a transferee judge to exercise all the powers of the transferor court, with the exception of actually conducting the trial of the case (except in special circumstances). The purpose of this guide is to introduce briefly some of the “best practices” that transferee judges have developed over the years, focusing on core responsibilities.
 
January 1, 2014
Ten Steps to Better Case Management: A Guide for Multidistrict Litigation Transferee Court Clerks, Second Edition
This guide is intended to help transferee clerks of court successfully manage multidistrict litigation (MDL). It contains recommendations from the United States Judicial Panel on Multidistrict Litigation and suggestions for implementing CM/ECF to improve MDL case management.
January 1, 2014
Technology-Assisted Review for Discovery Requests: A Pocket Guide for Judges

This pocket guide summarizes the essential concepts behind a variety of labor-saving techniques, known generally as technology-assisted review (TAR), that help identify documents for production. The guide outlines possible factors for ascertaining whether and how the use of TAR may qualify as a reasonable inquiry under Federal Rule of Civil Procedure 26(g). It also provides an illustrative order for governing the use of TAR in civil litigation.

March 28, 2017
Supervising Cybercrime Offenders Through Computer-Related Conditions: A Guide for Judges

This guide provides an overview of special conditions of supervised release and probation restricting computer and Internet use in an effort to protect the public from cybercrime, including child pornography offenses.

October 27, 2015
Social Security Disability Appeals

Social Security disability cases pose many challenges. In practice, federal court review of Social Security agency decisions differs widely from district to district and from circuit to circuit. This pocket guide is a primer for judges deciding Social Security disability appeals at the district court level. It addresses issues that regularly arise in these appeals and highlights relevant provisions in the U.S. Code, the Code of Federal Regulations, and the Federal Register.

March 8, 2019
Securities Litigation

This guide is designed to offer judges an introduction to the law and practice of securities litigation. It provides an overview of the types of legal and practical issues judges may confront in litigation arising under the securities laws, and, where possible, offers suggestions. This guide also identifies the areas of securities law most prone to circuit splits or frequent change, so that judges know where to be particularly vigilant about looking at up-to-date case law and legislation.

June 28, 2017
Section 1983 Litigation, Third Edition

Section 1983 Litigation (Third Edition) analyzes the large number of recurring issues that arise in litigation under 42 U.S.C. § 1983. This monograph contains new sections on discovery, Bivens claims, new material on stops and searches, and model jury instructions. It includes case law from the October 2013 Supreme Court term ending June 30, 2014, and major courts of appeals and select district court decisions reported through June 30, 2014.

October 8, 2014
Sealing Court Records and Proceedings: A Pocket Guide

Court case records and proceedings are presumptively public, but occasionally there are compelling reasons for keeping all or parts of them confidential, sometimes permanently but often only temporarily. This pocket guide summarizes the case law on sealing records and proceedings and presents a useful procedural checklist of seven principles to follow when denying public access.

December 15, 2010

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