What Does Justice Require? The Principles Courts Use to Reach Fair Decisions
What makes a court proceeding fair? Explore the principles of impartiality, notice, meaningful hearings, evidence, reasoned decisions, consistent law, and judicial review.
What makes a court proceeding fair? Explore the principles of impartiality, notice, meaningful hearings, evidence, reasoned decisions, consistent law, and judicial review.
Flock license-plate cameras can record millions of vehicles and make their movements searchable. Courts are now confronting a difficult Fourth Amendment question: when does observation on public roads become surveillance?
An examination of America's mortgage default system, including nonjudicial foreclosures, loss mitigation, property valuations, HOA liens and nationwide legal services.
From the early web to smartphones, social media and computer databases, courts have repeatedly decided how old constitutional protections apply to technologies their authors could never have imagined.
Some of the most consequential lawsuits never reach a jury. From dismissal and summary judgment to jurisdictional rulings and settlements, major cases show how litigation can be decided long before trial.
Federal appeals courts sometimes interpret the same federal law differently, creating a circuit split. Until the Supreme Court intervenes, the same law can effectively mean different things in different parts of the country.
Police can search many things after making a lawful arrest, but a smartphone is different. Here is why the Supreme Court generally requires a warrant before officers search the digital contents of an arrested person's phone.
AI can produce images, music, writing and software in seconds, but copyright law was built around human creators. Courts and the Copyright Office are defining where human authorship ends and machine generation begins.
A collision that initially looks minor can become a major lawsuit months later. Medical complications, disputed fault, hidden injuries, insurance limits and unexpected evidence can transform an ordinary accident case.
An ordinary photograph can preserve evidence nobody noticed when it was taken. Reflections, shadows, clocks, clothing, background objects and tiny details can later establish where someone was, when something happened, or whether a story is possible.
Modern cars can record location, speed, braking, diagnostics and driving behavior. As vehicles become computers on wheels, a growing legal fight is developing over who can collect, use, share and control that data.
The person who knows the most about a case may never testify. Death, disappearance, privilege, the Fifth Amendment and strategic decisions can leave jurors deciding what happened without hearing from a crucial witness.
Some cases turn on evidence that was there from the beginning but seemed unimportant at first. A receipt, photograph, timestamp or forgotten record can take on an entirely different meaning once a case reaches trial.
Witnesses can disagree about what happened, but timestamps often tell a different story. Phone records, receipts, cameras, access logs and other records can turn a confusing case into a minute-by-minute reconstruction.
A case can have strong evidence and still unravel because of a missed deadline, lost record, inconsistent statement or procedural mistake. Some of the most consequential failures in litigation have little to do with who was originally right.
Hours of surveillance footage can matter less than a few decisive seconds. A brief recording can contradict a witness, establish a timeline, reveal what happened before an encounter, or completely change how a case is understood.
Screenshots of texts, social media posts and websites appear in court every day. But a screenshot does not prove itself. Courts still have to determine what it shows, where it came from and whether it is authentic.
The Digital Evidence You Create Without Knowing It | Activist Legal