Point/Counterpoint

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A Speech Code for Lawyers?

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Vol. 101 No. 1 | Citizen-centered Courts

In August 2016, the American Bar Association amended its model rules of professional conduct by banning professional conduct that constitutes harassment or discrimination. Some cheer the new rule as a […]

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Qualified Immunity: A Shield Too Big?

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Vol. 104 No. 3 | Judges on the March

Judicial doctrine is rarely the subject of public conversation. So it was once for qualified immunity, which rested for many centuries in a kind of lawyerly tomb — largely the […]

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The Conservative Case for Class Actions

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Vol. 104 No. 2 | Coping with COVID

Should conservatives embrace class actions as the alternative to government regulation for policing corporate misconduct? Affection for the class-action lawsuit has typically split along political lines, with conservatives traditionally balking […]

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Getting Hotter: Climate Change in the Courts

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Vol. 104 No. 1 | A Clearer View

POINT / COUNTERPOINT Climate change has taken center stage politically and socially. As fires raged in Australia, glaciers continued a steady melt, and the winter of 2020 tracked to become […]

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Piece of Cake?

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Vol. 102 No. 1 | Forensic Fail

POINT / COUNTERPOINT A baker refuses to create a wedding cake for a same-sex couple because of his religious views on same-sex marriage. The couple claims the baker’s refusal violates […]

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One for all: Are nationwide injunctions legal?

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Vol. 102 No. 3 | Crowdsourcing and Data Analytics

Nationwide injunctions have been much in the headlines in recent years. Since 2008, lower federal courts have issued dozens of injunctions to block government policies from being enforced not just […]

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to tweet or not to tweet

To Tweet or Not to Tweet?

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Vol. 101 No. 4 | Equal opportunity?

Social media applications have become ubiquitous in modern communication. But the use of these applications presents unique challenges for judges, who are not only judicial officers but also parents, community […]

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