Archive: August 2020

On the Record: Lyrics in Judicial Writing

Judge Mark W. Klingensmith of Florida’s Fourth District Court of Appeal has always had rock and roll pumping through his veins. He played in a band during law school that Continue Reading »

A Remarkable Journey to the ‘Centre Chair’

Above: Beverley McLachlin, 17th Chief Justice of Canada (Photo by Roy Grogran, courtesy of the Supreme Court of Canada) Beverley McLachlin, widely regarded as one of the best legal minds Continue Reading »

The Conservative Case for Class Actions

POINT / COUNTERPOINT Should conservatives embrace class actions as the alternative to government regulation for policing corporate misconduct? Affection for the class-action lawsuit has typically split along political lines, with Continue Reading »

the negotiation class

The Negotiation Class

Growing dockets have long been the mother of judicial invention. In 1968, Congress created the Judicial Panel on Multidistrict Litigation and authorized it to create multidistrict litigations (or MDLs) to Continue Reading »

Connecticut Court House

Sitting on the Bench: My Adventures in a Connecticut Court

Fellow judges, I highly recommend keeping a diary of your daily adventures in the courthouse. It would be hard to make up stories that are better than the reality of Continue Reading »

preparing for a pandemic

Preparing Courts for a Pandemic

As the coronavirus emerged around the globe early this year, it quickly began to affect every facet of society and government, including state courts. Unlike in prior instances of mass Continue Reading »

Judging Eyewitness Evidence

Eyewitness evidence, in which a witness visually identifies the culprit, is a staple of criminal investigations. But its fallibility is notorious. As the National Academy of Sciences explained in an Continue Reading »

Assessing Risk: The Use of Risk Assessment in Sentencing

by Brandon Garrett and John Monahan

Judges are using risk assessment instruments in criminal cases more than ever before. Their role is increasingly prominent at all stages of the criminal justice system, including policing, pretrial detention, Continue Reading »

emails to federal judge

Emails to a Federal Judge

Recently an esteemed member of the bar died. In closing out the lawyer’s laptop, a legal assistant discovered a trove of emails the lawyer had composed and addressed to a Continue Reading »

Stevens, J., Dissenting: The Legacy of Heller

Second Amendment scholars discuss the late Justice John Paul Stevens’s contributions to one of the nation’s thorniest debates During his 34 years on the Supreme Court, Justice John Paul Stevens Continue Reading »