State Courts

The New Rap Sheet: Prosecuting Crimes, Chilling Free Speech

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Summer 2020 | Volume 104 Number 2

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 […]

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Civic Education: The Key to Preserving Judicial Independence

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Summer 2020 | Volume 104 Number 2

At a time when the branches of government are making daily headlines, how do we educate the public about a fair and impartial judiciary and its vital role in our […]

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Judicial Independence: Tweak the Guiding Paradigm

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Summer 2020 | Volume 104 Number 2

Over time, the public has simply ceased to believe judges when they say that they follow the law, and nothing but. If judges impose their ideological policy preferences, the argument […]

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Protecting Fair and Impartial Courts: Reflections on Judicial Independence

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Summer 2020 | Volume 104 Number 2

I speak today about the importance of fair and impartial courts and the role of judicial independence in achieving that goal. I begin with two stories. Some years ago, my […]

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

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Summer 2020 | Volume 104 Number 2

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) […]

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Coping with COVID: Continuity and Change in the Courts

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Summer 2020 | Volume 104 Number 2

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 […]

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Courts Must Lead in the Crisis of Addiction

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Spring 2020 | Volume 104 Number 1

Last year, more Americans died of opioid overdoses than of many cancers, gunshot wounds, or even car crashes. In fact, by at least one metric, the epidemic is more dire […]

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Connecticut Court House

Sitting on the Bench: My Adventures in a Connecticut Court

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Spring 2020 | Volume 104 Number 1

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 […]

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preparing for a pandemic

Preparing Courts for a Pandemic

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Spring 2020 | Volume 104 Number 1

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 […]

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Judging Eyewitness Evidence

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Spring 2020 | Volume 104 Number 1

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 […]

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