I Was a Watergate Special Prosecutor
It was a heady experience to be part of an extraordinary group working to uncover facts and secure justice.
Litigation Journal | Winter 2025: Anniversary
Volume 51, Issue 2
Features
Fifty Years of Constitutional Law
Even this brief review shows what it has meant to constitutional jurisprudence to have a solid conservative majority for over a half century.
On Becoming a Great Trial Advocate
You must roll up your sleeves, you must be disciplined and focused, and you must try cases—and not just a few.
Discovery Discussions: Past, Present, and Future
Efficient discovery begins with an understanding of how relevant records were kept, before any collection takes place.
Let’s Break Some Rules: Immodest Proposals for Evidence Reform
Our approach to evidence is mostly sound, but some problems have proven deeply embedded and cannot be addressed without creating wreckage.
Rock Around the Court
The cases in this article demonstrate that drawing a line between creativity and copyright infringement is a challenge—in particular, drawing it in a way that will yield consistent results.
The Future of AI in Law: Embracing the Hallucinations
AI’s true impact may lie in the future, by freeing us to focus on strategic thinking, client counseling, and creative problem-solving.
My Half Century Traversing the Arc of Federal Sentencing
This is a story about a pendulum swinging between wide judicial discretion and severe limits on that discretion.
Columns
Ten Noteworthy Legal Developments of the Past 50 Years
The 1979 trial of Ted Bundy was the first to be nationally televised, while the Covid pandemic forever changed the perception of the efficacy of remote depositions, mediations, and judicial proceedin…
Fixing a Hole
History teaches us that the constitutional appointment system is fallible; it leads to appointments driven by political considerations.
How Not to “Expound” the Constitution
The U.S. Constitution does not set out anyone’s rights and is primarily a statement of procedures. It is a rather clear expression of the “natural rights” theory of liberal democratic theorists such…
Litigation at 50—Decades of Teaching Trial Advocacy
The founders of Litigation taught us to value the expertise of those who try the slip-and-falls, the fender-benders that often clog our courts.