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Issues

March 2018 | Vol. 86, No. 4

ARTICLES

Civil Procedure and the Ministerial Exception
By Peter J. Smith & Robert W. Tuttle
The History of the Modern Class Action, Part II: Litigation and Legitimacy, 1981-1994
By David Marcus
A Modern Union for the Modern Economy
By Jeffrey M. Hirsch & Joseph A. Seiner

Notes

Krupski and Relation Back for Claims Against John Doe Defendants
By Meg Tomlinson
A New Model for Oversight of Commercial Activities by Nonprofits?
By Jannon Stein
The “Unwelcome Obligation”: Why Neither State nor Federal Courts Should Draw District Lines
By Sara N. Nordstrand
Heller‘s Collateral Damage: As-Applied Challenges to the Felon-in-Possession Prohibition
By Carly Lagrotteria
Beyond Microsoft: A Legislative Solution to the SCA’s Extraterritoriality Problem
By Andrew Kirschenbaum
Regulating Rare Disease: Safely Facilitating Access to Orphan Drugs
By Julien B. Bannister
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Colloquium

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Comments

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Dedications

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Errata

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Essays

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Forewords

Foreword: Symposium on Forensic Testimony, Daubert, and Rule 702
By Daniel J. Capra

Forum

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Lectures

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Symposia

Online Companion: Scientific Excellence in the Forensic Science Community
By Alice R. Isenberg & Cary T. Oien
Online Companion: Scientific Validity and Error Rates: A Short Response to the Pcast Report
By Ted Robert Hunt
Online Companion: The Reliability of the Adversarial System to Assess the Scientific Validity of Forensic Evidence
By Andrew D. Goldsmith
The Duty to Investigate and the Availability of Expert Witnesses
By Stephen A. Saltzburg
Deceptively Simple: Framing, Intuition, and Judicial Gatekeeping of Forensic Feature-Comparison Methods Evidence
By Jane Campbell Moriarty
Fast Times in Federal Court and the Need for Flexibility
Fixing Rule 702: The PCAST Report and Steps to Ensure the Reliability of Forensic Feature-Comparison Methods in the Criminal Courts
By Eric S. Lander
How Daubert and Its Progeny Have Failed Criminalistics Evidence and a Few Things the Judiciary Could Do About It
By David H. Kaye
The Critical Role of Statistics in Demonstrating the Reliability of Expert Evidence
By Karen Kafadar
Challenges Facing Judges Regarding Expert Evidence in Criminal Cases
By Paul W. Grimm
The Myth of the Reliability Test
By Brandon L. Garrett
Fiddling While Rome Burns: The Story of the Federal Rules and Experts
By Ronald J. Allen
Symposium on Forensic Expert Testimony, Daubert, and Rule 702