State Courts

Does Merit Selection Work?

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Vol. 103 No. 2 (2019) | Pay NCAA athletes?

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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Assessing Risk: The Use of Risk Assessment in Sentencing

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Vol. 103 No. 2 (2019) | Pay NCAA athletes?

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, […]

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Taking “Beyond a Reasonable Doubt” Seriously

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Vol. 103 No. 2 (2019) | Pay NCAA athletes?

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 […]

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

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Vol. 103 No. 2 (2019) | Pay NCAA athletes?

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, […]

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Judicial Honors

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Vol. 103 No. 2 (2019) | Pay NCAA athletes?

Nina Ashenafi-Richardson, a judge with the Leon County Court system in Florida and the first Ethiopian-born judge in the United States, received the Florida Bar’s 2019 Distinguished Judicial Service Award […]

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The Disappearing Probate Court

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Vol. 103 No. 2 (2019) | Pay NCAA athletes?

In 1967, Maine voters amended the state constitution to authorize the elimination of the state’s county-controlled, county-operated, county-funded Probate Courts.[1] In 2019, the Maine legislature debated a “concept draft” enabling […]

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Crowdsourcing and Data Analytics: The New Settlement Tools

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Vol. 102 No. 3 (2018) | Crowdsourcing and Data Analytics

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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The Courts’ Views on Ghostwriting Ethics

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Vol. 102 No. 3 (2018) | Crowdsourcing and Data Analytics

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

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Vol. 102 No. 3 (2018) | Crowdsourcing and Data Analytics

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

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Vol. 102 No. 3 (2018) | Crowdsourcing and Data Analytics

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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