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Speaking, Listening, and the Rule of Law: Free Speech on Campus

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

A university is a very noisy place and by design. […] We revel in and celebrate the cacophony of many voices, and the collision of ideas and beliefs.

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A Brief Moment in the Sun: The Reconstruction-Era Courts of the Freedman’s Bureau

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

When he was 16 years old during the summer of 1866, a recently freed slave named Alfred Jefferson rode his employer’s horse without permission. A local criminal judge in Bradford […]

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going, going, but not quite gone

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 Lockhart should have been decided (Canons are not the key) ,

How Lockhart Should Have Been Decided (Canons Are Not the Key)

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

That is an altogether presumptuous title, written with a smile. The case is Lockhart v. United States, 136 s. Ct. 958 (2016). It’s fascinating for the debate over conflicting canons […]

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The Changing Science on Memory and Demeanor – and What It Means for Trial Judges

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

Unless my experience of trying hundreds of federal civil and criminal jury trials in five federal districts is idiosyncratic, in virtually every case, a verdict turns on the perceived accuracy […]

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Cluster Clear

Cluster Clear: Are Clustering Tools the Solution to Tedious Identification and Reduction Processes?

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

Frontrunners in the costly game of e-discovery have begun to distinguish themselves by using data analytics in creative and effective ways to tackle the critical tasks of identifying key evidence, unearthing […]

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Equal Opportunity? Increasing Diversity in Complex Litigation Leadership

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

Does jurisprudence prohibit judges from considering diversity when appointing lawyers to lead roles in complex litigation? Here’s a legal strategy judges can use to help give women and minority lawyers […]

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What will AI mean for you?

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Vol. 101 No. 3 (2017) | Bold and Persistent Reform

“Artificial Intelligence in the Law” should be the tagline for what’s next in legal technology, if coverage in the legal press is any guide. Lawyers and vendors alike are extolling […]

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Data Visualization: What Is It? And Can You Trust It?

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

The legal technology press is replete with articles touting the advantages of Technology Assisted Review (TAR), mostly as a way to streamline the review of electronically stored information (ESI) and […]

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The Storied Third Branch with image of tree branch

A Pilgrimage: Commemorating the Magna Carta

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Select Articles (Pre-2015) | Volumes 1-98

Published October 2013 The 800th anniversary of the signing of the Magna Carta, justly regarded as the foundation of constitutional liberty in the English speaking world, will be celebrated in […]

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