What Is An Excessive Fine?

Seven Questions to Ask After Timbs The title of this post is the title of this new paper authored by Wesley Hottot which is available on SSRN.  Here is its abstract: This Article explains how Timbs v. Indiana does more than hold that the Eighth Amendment’s Excessive Fines Clause applies to state and local authorities.  Timbs also gives definition to those “excessive … Continue reading

The Confrontation Clause

Jeffrey Bellin and Diana Bibb (William & Mary Law School and College of William and Mary – William and Mary Law School) have posted The Modest Impact of the Modern Confrontation Clause (Tennessee Law Review, Forthcoming) on SSRN. Here is the abstract:  The Sixth Amendment’s Confrontation Clause grants criminal defendants the right “to be confronted with the witnesses against” them. … Continue reading

Consent To Search

It takes a certain amount of “guts” to tell a police officer that no I will not consent to your search of my car or person or house. What will happen to me if I say no? Norman Hobbie has posted Fourth Amendment Consent Searches and the Duty of Further Inquiry (Creighton Law Review vol. 54, no. 2, … Continue reading

Are Zoom Trials Fair & Effective?

For proponents of Zoom hearings the answer is Zoom hearings….indeed virtual jury trials…..are a magnificent by product of courts trying to respond to the pandemic. But are they really fair and effective. The Atlantic magazine explores the issue: SOMNATH BHATTThis article was published online on April 13, 2021.In july, Michelle Rick, then a circuit-court judge … Continue reading

The Amazing RBG: A Tribute

“Columbia Law Review In Memoriam: Justice Ruth Bader Ginsburg.”You can access via this link a series of remarkable tributes that the Columbia Law Review has collected.

Language Counts

From the Sentencing Law & Policy Blog The Marshall Project unveils “The Language Project” to explore words used to describe people in the justice system As a lawyer who thinks precise language and legal terminology is always important, and as a blogger who often hopes to avoid clumsy locutions and sometimes parrots and reprints journalistic … Continue reading

Thoughts From Greg Berman

Greg Berman was for many years the force that drove the Center for Court Innovation. He is a very insightful guy. I got this e mail from him recently…..he has stepped down from his leadership role at the Center…..and I thought it should be shared. I am writing to share some of the writing I have … Continue reading

Covid and Caseloads

The National Center for State Courts (NCSC) recently published a new paperand dashboard detailing trends in state court case filings and dispositions during the Covid-19 pandemic.   The research, based on data from 12 states, found that the number of criminal, traffic, and juvenile cases decreased last year and is likely to return to normal over the course … Continue reading

Just What Happened In The Presidential Election?

Join us for an important webinar on  The Role of the Judiciary in Preserving OurConstitutional DemocracyAs Seen in the 2020 Presidential Election Thursday, April 15, 2021Noon to 3:30 p.m. Pacific / 3 p.m. to 6:30 p.m. Eastern Register now Despite scores of failed legal challenges, numerous recounts, and Congress’ confirmation of Joe Biden’s Electoral College victory, polls … Continue reading

AJA Webinar

Digital Evidence & The Evolving Court RecordCovid has transformed the way courts operate with virtual hearings and trials. This webinar will cover a range of topics relevant to courts that want to modernize the way they manage exhibits and evidence, not only in the virtual courtroom but when in person proceedings resume. Integration and presentation … Continue reading


Something went wrong. Please refresh the page and/or try again.

Follow My Blog

Get new content delivered directly to your inbox.