Embracing the Gains of Virtual Trials: Part 2
In this second part of a two-part article, the author addresses the concern with jurors’ ability to evaluate the credibility of witnesses who testify remotely or are wearing masks (i.e., in a socially distanced courtroom), as well as to empathize with them and ensure due process (i.e., honor the presumption of innocence). Drawing again upon theory and anecdote, the author demonstrates that fears are much less palpable than originally thought.
Independent Liability for Lack of Standing: New York Civil Rights Law §§70 and 71
The foreclosure cases in the last decade that have likely awarded hundreds of judgments to plaintiffs who lacked standing have been an intellectual blight on New York state jurisprudence.
Does Jurisdiction-by-Consent Survive ‘Daimler AG v. Bauman’?
The Supreme Court of the United States will likely soon resolve the issue when it considers ‘Mallory’.
The End of ‘Bellefonte’: ‘Global Re’ and the Proper Reading of Facultative Reinsurance Contracts
‘Global Re’ puts the focus of reinsurance dispute resolution where it belongs: the meaning of language as understood in the context of industry norms and practice.