Blog Archives
Virtual Jury Trial? No, Thank You, Lawyers Say in Court Survey
August 24, 2020
Among almost 2,800 lawyers surveyed in June, 57% said they would not be open to a virtual jury trial. So it's no surprise that a San Antonio court couldn't find lawyers to volunteer for its first Zoom civil jury trial on Wednesday. No. That was the answer from about 57% of attorneys who responded to the Texas Office of Court Administration’s online survey of nearly 2,800 lawyers, which asked if they’d be open to a virtual jury trial. Only 19% of respondents said yes, and 24% said...
August 24, 2020
Among almost 2,800 lawyers surveyed in June, 57% said they would not be open to a virtual jury trial. So it's no surprise that a San Antonio court couldn't find lawyers to volunteer for its first Zoom civil jury trial on Wednesday. No. That was the answer from about 57% of attorneys who responded to the Texas Office of Court Administration’s online survey of nearly 2,800 lawyers, which asked if they’d be open to a virtual jury trial. Only 19% of respondents said yes, and 24% said...
Law Prof Hiring Is Down 50% This Year
August 23, 2020
Brian Leiter (Chicago) notes that only 32 law schools (including Pepperdine) have listed open tenure-track/tenured faculty positions in the initial AALS Faculty Appointments Register, down over 50% from last year.
August 23, 2020
Brian Leiter (Chicago) notes that only 32 law schools (including Pepperdine) have listed open tenure-track/tenured faculty positions in the initial AALS Faculty Appointments Register, down over 50% from last year.
If Your Judge Is Using this New AI Tool, Should You Be Using It Too?
August 22, 2020
Thomson Reuters is today introducing an artificial intelligence brief-checking tool designed to help judges understand and validate the briefs submitted in their courts. But that begs the question: If your judge is using this tool to check the briefs of you and your opponents, then wouldn’t you want to use it first, before you ever file your brief? The new tool, called Quick Check Judicial, is a feature provided within the Westlaw Edge legal research platform and it is available to all subscribers....
August 22, 2020
Thomson Reuters is today introducing an artificial intelligence brief-checking tool designed to help judges understand and validate the briefs submitted in their courts. But that begs the question: If your judge is using this tool to check the briefs of you and your opponents, then wouldn’t you want to use it first, before you ever file your brief? The new tool, called Quick Check Judicial, is a feature provided within the Westlaw Edge legal research platform and it is available to all subscribers....
With potential jurors sworn in, Bexar County inches closer to its first virtual jury trial
August 21, 2020
Bexar County inched closer to making history Wednesday when court officials narrowed a list of 200 summoned for jury duty down to about 60 for the county’s first virtual civil jury trial. Now they just need to find attorneys willing to test the waters. “The jurors were wonderful,” Judge Antonia “Toni” Arteaga said Wednesday, following the proceeding, which was held in her 57th Civil District Court. She was pleased that 25 of the jurors, who were supposed to check in online by 9 a.m.,...
August 21, 2020
Bexar County inched closer to making history Wednesday when court officials narrowed a list of 200 summoned for jury duty down to about 60 for the county’s first virtual civil jury trial. Now they just need to find attorneys willing to test the waters. “The jurors were wonderful,” Judge Antonia “Toni” Arteaga said Wednesday, following the proceeding, which was held in her 57th Civil District Court. She was pleased that 25 of the jurors, who were supposed to check in online by 9 a.m.,...
Rattey on the Constitutionality of Virtual Jury Trials
August 20, 2020
Justin D. Rattey (Georgetown University) has posted Gap Filling: Assessing the Constitutionality of Virtual Criminal Trials in Light of Ramos v. Louisiana on SSRN. Here is the abstract: Court closures in response to the COVID-19 pandemic have led some to consider the possibilities of virtual jury trials, with at least one state court already conducting a virtual trial in a civil case. The Supreme Court’s recent decision in Ramos v. Louisiana, in which the Court held that jury...
August 20, 2020
Justin D. Rattey (Georgetown University) has posted Gap Filling: Assessing the Constitutionality of Virtual Criminal Trials in Light of Ramos v. Louisiana on SSRN. Here is the abstract: Court closures in response to the COVID-19 pandemic have led some to consider the possibilities of virtual jury trials, with at least one state court already conducting a virtual trial in a civil case. The Supreme Court’s recent decision in Ramos v. Louisiana, in which the Court held that jury...
Suggestions for Virtual Jury Trials
August 18, 2020
Virtual jury trials have become a hot topic of conversation since COVID-19 made close quarters, in-person gatherings difficult and unsafe. Because criminal cases often require a twelve person-jury, the courts have begun assessing this new situation and discussing how to have a fair jury trial while abiding by CDC guidelines. The Civil Jury Project at NYU School of Law has posted a report written by Stephanie Parker and Jennifer Weizenecker, who both attended a recent virtual mock trial...
August 18, 2020
Virtual jury trials have become a hot topic of conversation since COVID-19 made close quarters, in-person gatherings difficult and unsafe. Because criminal cases often require a twelve person-jury, the courts have begun assessing this new situation and discussing how to have a fair jury trial while abiding by CDC guidelines. The Civil Jury Project at NYU School of Law has posted a report written by Stephanie Parker and Jennifer Weizenecker, who both attended a recent virtual mock trial...
Courtroom Access In The Age Of COVID
August 17, 2020
In Pennsylvania, an attorney was barred from the courthouse because she’d been exposed to someone with COVID. But where do we draw the line before we intrude on people’s ability to be represented by counsel of choice? And what rules do we place on mandatory videoconference hearings to maintain fairness? All that and a discussion of the latest developments with managing bar exams around the country.
August 17, 2020
In Pennsylvania, an attorney was barred from the courthouse because she’d been exposed to someone with COVID. But where do we draw the line before we intrude on people’s ability to be represented by counsel of choice? And what rules do we place on mandatory videoconference hearings to maintain fairness? All that and a discussion of the latest developments with managing bar exams around the country.
Why the Federal Circuit’s PACER Ruling Is A Mixed Bag
August 16, 2020
Headlines last week were touting the ruling on PACER fees issued Thursday by the Federal Circuit Court of Appeals. The judiciary “can’t use PACER as IT slush fund,” said one. “PACER Fees Are Too High, Federal Circuit Says,” reported another. “Federal judiciary is overcharging for access to public records online,” said still another. But if anyone thinks the ruling is a clear victory for public access and will significantly reduce PACER fees, think again. The fact of the matter is that...
August 16, 2020
Headlines last week were touting the ruling on PACER fees issued Thursday by the Federal Circuit Court of Appeals. The judiciary “can’t use PACER as IT slush fund,” said one. “PACER Fees Are Too High, Federal Circuit Says,” reported another. “Federal judiciary is overcharging for access to public records online,” said still another. But if anyone thinks the ruling is a clear victory for public access and will significantly reduce PACER fees, think again. The fact of the matter is that...
The Eventual Decline of Empirical Law and Economics
August 15, 2020
This Article suggests the necessity of a co-evolutionary process among empirical and theoretical advances in law and economics. Empirical work alone is suggestive, but should not be taken too seriously. The weaknesses in empirical work are a kind of virus that begins with over-statements and misapprehensions, and then spreads as more scholars copy the mistakes and engage in empirial work as a means of entry into the field. Empiricism will become suspect as its current assumptions are questioned,...
August 15, 2020
This Article suggests the necessity of a co-evolutionary process among empirical and theoretical advances in law and economics. Empirical work alone is suggestive, but should not be taken too seriously. The weaknesses in empirical work are a kind of virus that begins with over-statements and misapprehensions, and then spreads as more scholars copy the mistakes and engage in empirial work as a means of entry into the field. Empiricism will become suspect as its current assumptions are questioned,...
Zoomed Out!
August 14, 2020
It has been about 4 months or so since the Covid 19 crisis started mandating that we all stay home or close to it, wear masks and wash our hands a lot. Consequently, many of us are now working from home and using Zoom meetings in the place of in person meetings. I do not know about you, but I have a good case of “Zoom fatigue.” I am more mentally drained at the end of a day on Zoom than when I used to go to my office. Why? Zoom requires that I “…focus more intently on conversations in order...
August 14, 2020
It has been about 4 months or so since the Covid 19 crisis started mandating that we all stay home or close to it, wear masks and wash our hands a lot. Consequently, many of us are now working from home and using Zoom meetings in the place of in person meetings. I do not know about you, but I have a good case of “Zoom fatigue.” I am more mentally drained at the end of a day on Zoom than when I used to go to my office. Why? Zoom requires that I “…focus more intently on conversations in order...
