EDITOR'S NOTE FROM THE HONORABLE CAROL HECKMAN
DURING HER TENURE AS EDITOR-IN-CHIEF FROM 1998 TO 1999

 © 1999 FMJA

 
 

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Honorable Carol Heckman
United States Magistrate Judge
Western District of New York

I am proud to present the inaugural issue of the Federal Courts Law Review, an electronic publication of the Federal Magistrate Judges Association (FMJA). The FMJA is a national association of United States Magistrate Judges, to which a large majority of the magistrate judges in the federal court system belong.

The Federal Courts Law Review is an outgrowth of the FMJA's web site, established in 1997. Many of our members have an interest in electronic communications and the World Wide Web, and are exploring application of these technologies to the judiciary. Indeed, the federal judiciary is now "online" with an elaborate system of e-mail and with internet access at many chambers. Judicial use of computers in the courtroom is growing at a rapid rate. Federal pleadings will soon be filed electronically, and vast amounts of information will be available on the internet. The full range of applications of these technologies to the federal judiciary will no doubt expand at an exponential rate in the next decade.

The Federal Courts Law Review (FCLR) is just one facet of these new emerging technologies. The Federal Magistrate Judges Association was interested in providing a forum for the publication of legal scholarship relating to federal courts and federal legislation. The creator of our web site, Hon. Robert S. Carr, convinced us to try an innovative approach of publishing electronically rather than in hard copy. Accordingly, the FCLR provides an interactive forum using the latest electronic publishing technology.

The advantages of electronic publication over traditional print media are many. Materials are presented in reader-friendly environment featuring links to supporting legal material. Thus, the text of a citation to a court decision or statute is immediately available by pointing and clicking with the mouse. The electronic format allows immediate reader comment. To that end, FCLR includes a section designed to engage readers in public discussion regarding the published articles.

Another advantage is that, in contrast to a printed law review, the costs of publication are minimal. Anyone with access to a computer and the internet can subscribe to FCLR for free, wherever they might be located. By making access free and immediate, our journal will reach a far greater audience than otherwise possible. We already have subscribers from several different countries, and from many different professions.

Finally, finished articles can be placed online as soon as they are ready, without waiting for a print date or for other articles to be grouped into an "issue." This enables us to provide more timely materials.

The FCLR is also unique in its ties to the federal judiciary. FCLR is one of the few law reviews in existence which is sponsored by a judicial association, and our goal is to provide all federal judges with access to the law review via e-mail. This access to the judiciary gives the authors a unique opportunity to influence judicial thinking. While the editorial board contains members who are not judges, the majority of the editorial board are magistrate judges. This will ensure that the FCLR remains tied to the judiciary in future years.

This is not to say, however, that the articles selected for publication must directly relate to federal judges or more specifically to magistrate judges. To the contrary, the Federal Courts Law Review will publish articles of general interest to federal court scholars and practitioners. This could include articles on new federal legislation, on rules of evidence or procedure, on jurisdiction, or on any one of the many substantive areas covered by the federal courts.

In our first issue, we have three interesting articles. The first, entitled "Discovery in Computer Software Patent Litigation," is authored by Andy Johnson-Laird, a forensic software analyst located in Portland, Oregon. Mr. Johnson-Laird frequently lectures on this topic and others relating to computers. His article is an informative and fascinating look at this timely topic.

The second article is, "Instructing the Jury in an Employment Discrimination Case." Authored by Hon. Gerrilyn G. Brill, a magistrate judge in the Northern District of Georgia, this article explores many difficult issues that arise in instructing juries in these types of cases.

The final article, "Civil Case Voir Dire and Jury Selection in Federal Court," was written by Hon. David A. Baker, a magistrate judge in the Middle District of Florida. This is a review of the standards and rules applying to jury selection, and stresses the extent of the trial judge's discretion in this critical component of federal court trials.

I invite you to read these fine articles online, or to download them to your own computer or printer.

Finally, FCLR is actively soliciting appropriate articles for inclusion in our law review. Anyone wishing to submit an article is encouraged to do so.

Welcome to all of you who have taken the time to read our new journal. I look forward to receiving your comments.

Hon. Carol E. Heckman
Editor-in-Chief