State Courts

51 Imperfect Solutions: State and Federal Judges Consider the Role of State Constitutions

by , , , and

Spring 2019 | Volume 103 Number 1

Judge Jeffrey Sutton is one of our most respected and admired federal appellate judges. He has served on the Sixth Circuit, with chambers in Columbus, Ohio, since his appointment to […]

Read More »

Conversations of a Lifetime: The Power of the Sentencing Colloquy and How to Make It Matter

by

Summer 2019 | Volume 103 Number 2

In recent years, there has been increased attention on sentencing, and particularly sentencing disparities. The thrust and focus of this attention have been on the statistics of sentencing and reforms, […]

Read More »

51 Imperfect Solutions

Taking “Beyond a Reasonable Doubt” Seriously

by

Summer 2019 | Volume 103 Number 2

Editor’s note: This article was written by Judge Jon O. Newman during his tenure as the Bolch Judicial Institute’s inaugural Distinguished Judge in Residence. The Institute’s Distinguished Judge in Residence […]

Read More »

Does Merit Selection Work?

by

Summer 2019 | Volume 103 Number 2

As states such as Iowa and Pennsylvania debate their judicial selection systems, whether merit selection works is the key question that motivates Greg Goelzhauser’s innovative and timely inquiry in Judicial […]

Read More »

melted ice cream

Clerking to Excess? The Case Against Second (and Third and Fourth) Clerkships

by

Fall/Winter 2018 | Volume 102 Number 3

There can be too much of a good thing. We know that’s true for food and drink, but we haven’t yet realized it’s also true for judicial clerkships. There has […]

Read More »

eyeglasses

Ghosting: The Courts’ Views on Ghostwriting Ethics Are Wildly Divergent. It’s Time to Find Uniformity and Enhance Access to Justice

by

Fall/Winter 2018 | Volume 102 Number 3

Since the mid-1990s, advocates for increased access to justice have touted unbundled (or limited-scope, or discrete-task) legal services as a means of distributing legal services to those unable to afford […]

Read More »

A crowd of people

Crowdsourcing and Data Analytics: The New Settlement Tools

by , and

Fall/Winter 2018 | Volume 102 Number 3

By protecting the right to a jury, the state and federal constitutions recognize the fundamental value of having civil and criminal disputes resolved by laypersons. Actual trials, however, are relatively […]

Read More »

Guidance on New Rule 23 Class Action Settlement Provisions

by

Fall/Winter 2018 | Volume 102 Number 3

Executive Summary Developed and published by the Bolch Judicial Institute of Duke Law School November 2018 ON DEC. 1, 2018, AMENDMENTS TO FEDERAL RULE OF CIVIL PROCEDURE 23 TAKE EFFECT. […]

Read More »

Data Validation - Summer 2018

Data Validation: A crucial step toward controlling and understanding your data

by and

Fall/Winter 2018 | Volume 102 Number 3

We all know the volume of data in litigation — particularly email data — continues to grow rapidly, with no sign of abating. That growth is forcing litigants to come […]

Read More »

cellphones in courts, summer 2018

Cell Phones in Court: Court cell phone policies attempt to balance risks with litigants’ needs

by and

Fall/Winter 2018 | Volume 102 Number 3

A resolution adopted by the Conference of Chief Justices and Conference of State Court Administrators in August 2018 (Resolution 7) encourages courts to carefully review and assess their policies for […]

Read More »