State Courts

Does Merit Selection Work?

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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 […]

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

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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 […]

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The Courts’ Views on Ghostwriting Ethics

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Fall/Winter 2018 | Volume 102 Number 3

The Courts’ Views on Ghostwriting Ethics Are Wildly Divergent. It’s Time to Find Uniformity and Enhance Access to Justice. Since the mid-1990s, advocates for increased access to justice have touted […]

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Crowdsourcing and Data Analytics: The New Settlement Tools

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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 […]

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Guidance on New Rule 23 Class Action Settlement Provisions

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Fall/Winter 2018 | Volume 102 Number 3

On Dec. 1, 2018, amendments to Federal Rule of Civil Rule of Procedure 23 take effect. The amendments require lawyers to provide additional information up front for the court to […]

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

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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 […]

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

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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 […]

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Perceptions of Bias: Do Campaign Contributions Create Public Perceptions of Judicial Bias?

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Fall/Winter 2018 | Volume 102 Number 3

In a number of cases, the Illinois Supreme Court suspended the licenses of lawyers who had loaned money directly to the trial judge who was hearing their clients’ cases. They […]

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Going, Going, But Not Quite Gone: Trials Continue to Decline in Federal and State Courts. Does it Matter?

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Winter 2017 | Volume 101 Number 4

Trials, particularly jury trials, once played a central role in the American legal system. No longer. While trial remains a theoretical possibility in every case, the reality is quite different. […]

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How State Courts are Preparing for Continuity in Disaster

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Winter 2017 | Volume 101 Number 4

As hurricanes threatened the southern parts of the United States this summer and fall, state courts were confronted with the challenge of not just maintaining operations but also determining when […]

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