State Courts

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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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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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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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Guidance on New Rule 23 Class Action Settlement Provisions

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

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

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

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

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Vol. 101 No. 4 (2017) | Equal opportunity?

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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Vol. 101 No. 4 (2017) | Equal opportunity?

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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Far More Than Mere Mistakes: Judicial Commissions Sanction Judges Who Impose Fines Without Due Process

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Vol. 101 No. 2 (2017) | Can science save justice?

In the roundtable discussion “Money or Justice? How Fees and Fines Have Contributed to Deep Distrust of the Courts — And What Chief Judges Are Doing About It” (from the […]

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