Evidence

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Term Talk: Smith v. United States, Samia v. United States, In Re Grand Jury

Laurie Levenson, Evan Lee, Clara J. Altman

October 5, 2023

Criminal Law. Venue. Double Jeopardy Clause. Sixth Amendment. Experts analyze the Supreme Court’s holdings in important criminal law cases. In Smith v. United States the Court rules that double jeopardy does not apply to trials conducted in the wrong venue. Samia v. United States addresses whether use of a non-testifying co-defendant’s confession at trial violates the right to confront witnesses. Finally, they discuss what the dismissal after oral argument of In Re Grand Jury might mean to efforts to expand the scope of the attorney-client privilege.

Term Talk: Students for Fair Admissions v. Harvard College

Erwin Chemerinsky, Tara L. Grove, James A. Chance

September 7, 2023

Equal Protection. Title VI. Affirmative Action. Experts discuss the Courts move from allowing the consideration of race to remedy past harms and promote diversity, to the emerging constitutional requirement to create a color-blind society.

In Session: Leading the Judiciary – Episode 33: Leading Outcomes, Others & Ourselves in Remote or Hybrid Workplaces

Kevin Eikenberry

June 7, 2023

In remote or hybrid workplaces, leaders must be more intentional about building relationships that engender commitment, rather than just compliance, and focus more on accomplishment rather than just employee activity. This episode explores how to do that with organizational expert Kevin Eikenberry.

Kevin Eikenberry is founder and Chief Potential Officer of the Kevin Eikenberry Group and co-founder of the Remote Leadership Institute. He has improved the communication, leadership, learning, teams and teamwork of organizations worldwide for over twenty-five years. Kevin’s been named one of Inc.com’s Top 100 Experts Worldwide in Leadership and Management and is the author of several books including The Long Distance Leader: Rules for Remarkable Remote Leadership, and The Long Distance Team: Designing Your Team for Everyone’s Success, released in 2023.

In Session: Leading the Judiciary – Episode 32: What Matters About Generations

Bobby Duffy

April 5, 2023

Today on In Session: Leading the Judiciary, we talk with public policy expert Bobby Duffy about his book The Generation Myth: Why When You’re Born Matters Less Than You Think. Duffy discusses what’s real and not-so-real about differences among generations. Stereotypes like “Baby Boomers hate technology” and “Millennials are lazy” not only lack support but can be dangerous: creating division and distracting from real issues. Duffy argues that to understand how different generations shape society, it’s essential to consider the political, economic, and cultural contexts impacting everyone, and the lifecycle changes common to all generations.

Bobby Duffy is professor of public policy and director of the Policy Institute at King’s College London, and previously was director of global research at Ipsos MORI and the Ipsos Social Research Institute. His first book, Why We’re Wrong About Nearly Everything, published in 2019, examined the causes and consequences of human delusion.

Case Commentary: J.C.C. v. L.C., No. 20-3289, 2022 U.S. App. LEXIS 8498 (3d Cir. Mar. 31, 2022)

James D. Garbolino

February 17, 2023

Child’s Objection to Return

An Introduction to Artificial Intelligence for Federal Judges

James Baker, Laurie Hobart, Matthew Mittelsteadt

February 13, 2023

This guide addresses questions related to Artificial Intelligence (AI) in the judicial process by providing some technical background and highlighting potential legal issues.

In Session: Leading the Judiciary – Episode 31: Finding Your Inner Warrior and Leading Courageously

D.J. Vanas

February 1, 2023

In this episode, we explore how leaders can find their inner warrior and lead with courage. D.J. Vanas, author of The Warrior Within: Own Your Power to Serve, Fight, Protect, and Heal, explains that being a warrior is not about steely-eyed individual toughness. Rather, it is about practicing aggressive self-care, openness, and collaboration so that you’re emotionally, mentally, and physically prepared to serve and support your “tribe.”

D.J. is a former U.S. Air Force officer and a member of the Ottawa Tribe of Michigan. He has inspired thousands of public sector and Fortune 500 company leaders to find courage and lead with their inner warrior. He hosted the 2021 PBS television special Discovering Your Warrior Spirit and delivered the closing keynote at the FJC’s National Leadership Conference for Circuit and Court Unit Executives in Oklahoma City in October 2022.

In Session: Leading the Judiciary – Episode 30: How Recognizing Bias, Headwinds, and Tailwinds Lifts Everyone in an Organization (Including You)

Dolly Chugh

December 7, 2022

In part two of our discussion with author Dolly Chugh, we discuss how unconscious bias reveals itself in non-verbal ways, signaling feelings and beliefs we don’t intend to convey. Dr. Dolly Chugh, author of The Person You Mean to Be, How Good People Fight Bias, says this “leakage” often occurs during times of stress and in fast-moving environments. Dolly says taking the time to consider influential aspects of our own and others’ identities and acting with intention can help us to consistently convey who we mean to be. Part one, Good-ish to Great: How the Best Leaders Continue to Grow, was released October 11, 2022.

Case Commentary: Saada v. Golan, 833 Fed. App'x 829 (2d Cir. 2021)

James D. Garbolino

November 17, 2022

Motion to Set Aside

In this case, a motion to set aside judgment under Rule 60(b) was denied for failure to raise material disputed fact. The party must show evidence of a disputed material to support a motion to set aside a judgment based on newly discovered evidence.

COVID-19 and the U.S. District Courts: An Empirical Investigation

Roy P. Germano, Timothy T. Lau, Kristin A. Garri

October 29, 2022

This report uses caseload data to examine case-processing trends in the United States district courts during the COVID-19 pandemic.

Federal Judicial Center

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