The Pandemic Juror

Not a day goes by when there is not an interesting webinar on how courts should deal with the pandemic. If you want to read there is a lot. But there is little in webinars or scholarly work on jurors. … Continue reading

John Bolton’s Garbage & The Right To Privacy

Michael Schmidt has an interesting story in his new book about the scramble to learn what was in John Bolton’s unpublished book during the impeachment of President Trump, Axios reports.Writes Schmidt: “I received a call from a man I had never heard of. He … Continue reading

Nice Idea But Is It Constitutional?

With the debate over Supreme Court reform taking center stage in the 2020 election after the passing of Justice Ruth Bader Ginsburg, three members of the House of Representatives on Tuesday will introduce a bill to establish term limits for … Continue reading

The Police Did A Bad Job Defense

There are many names to the defense mostly centered upon reasonable doubt. But in some cases judges are requested to give even more specific jury instructions. Lisa Steele has posted Investigating and Presenting an Investigative Omission Defense (Criminal Law Bulletin, Vol. 57, Forthcoming) … Continue reading

Have We Reached The Point Of No Return?

Have we reached the point of no return. “End the Poisonous Process of Picking Supreme Court Justices; I’m a libertarian-conservative; We need to depoliticize the court and appoint members to a single 18-year-term”: Law professor Steven G. Calabresi has this essay online at The New … Continue reading

You Adults In The Criminal Justice System

What should we do with young adults who come in contact with the criminal justice system. should we treat them differently? Stephen Woodwark and Nessa Lynch (affiliation not provided to SSRN and Victoria University of Wellington – Faculty of Law) have posted ‘Decidedly but … Continue reading

Should We Rethink Harmless Error?

Too often appellate decisions decided on harmless error grounds are not serious read by lawyers (OK and trial judges as well). They appellate court spends most of the opinion focused on why the error is harmless and rarely state emphatically: … Continue reading