State Courts

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

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Vol. 103 No. 1 (2019) | Navigating Rough Seas

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 […]

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Change Agents: Looking to State Constitutions for Rights Innovations

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Vol. 102 No. 2 (2018) | Rights That Made The World Right

The following is an excerpt from 51 Imperfect Solutions: States and the Making of American Constitutional Law (© 2018 by Jeffrey Sutton, published by Oxford University Press. All rights reserved.) […]

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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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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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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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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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