Archive: August 2020

The New Rap Sheet: Prosecuting Crimes, Chilling Free Speech

With the Fourth Amendment gone, eyes are on the First // That’s why I’m spittin cyanide each and every verse These lyrics from American rap artist Paris’ 2003 album, Sonic 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 »

Experts in the Hot Tub at the Court of Arbitration for Sport

The Games of the XXXII Olympiad (Tokyo 2020) have been postponed to 2021 as a result of the novel coronavirus, but litigation at the Court of Arbitration for Sport (CAS) Continue Reading »

Better by the Dozen: Bringing Back the Twelve-Person Civil Jury

A jury of 12 resonates through the centuries. Twelve-person juries were a fixture from at least the 14th century until the 1970s.1 Over 600 years of history is a powerful Continue Reading »

Coping with COVID: Continuity and Change in the Courts

By now, our courts, state and federal, have adapted much of their work to digital platforms. But some procedures or litigation events do not easily or obviously translate to the 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 »