December 04, 2024 | Connecticut Law Tribune
Did Static Case Management Mortally Injure Our Democracy?The federal case against Trump should have been brought in January 2021, the legal questions resolved by the courts, including the Supreme Court within the first year.
By Thomas Moukawsher
4 minute read
November 04, 2024 | Connecticut Law Tribune
The Rule of Law is the Oxygen of Democracy, and It's Running LowWe shouldn't wonder why, given a choice between a former prosecutor and a felon, so many Americans were panting for the felon—even to the point of violence. It's because our institutions—political, economic, educational, and legal—aren't sustaining faith in their promises.
By Thomas Moukawsher
4 minute read
October 14, 2024 | Connecticut Law Tribune
Undisputed: It's Time to Revive and Reinvent the Use of AdmissionsToday's trials are drag for everyone in them. This is true mostly because the great bulk of trial time is spent offering testimony and evidence about things that ultimately aren't disputed.
By Thomas Moukawsher
4 minute read
September 13, 2024 | Connecticut Law Tribune
Today's Litigation Needs Dynamic Case ManagementIn America today, nobody who goes to court escapes a system that is slow, expensive, and rarely results in a trial. Whatever your political views, the Trump legal saga illustrates this failure to adjudicate.
By Thomas Moukawsher
5 minute read
August 27, 2024 | Connecticut Law Tribune
Today's Textualism is Strictly OptionalIt's not that textualism is dead, but strict adherence to it certainly is. And that's probably a good thing.
By Thomas Moukawsher
5 minute read
August 14, 2024 | Connecticut Law Tribune
Fixing the System: A New Vision for Handling DiscoveryDiscovery reform is overdue. With it, litigation can conclude faster.
By Thomas Moukawsher
6 minute read
July 18, 2024 | Connecticut Law Tribune
Ripe for Reform: Contemporary Discovery Is a Core Complication in Today's CourtsContemporary discovery takes up more money and time than anything else in litigation. In generic civil litigation the process is laborious, expensive and needlessly elongated.
By Thomas Moukawsher
5 minute read
June 26, 2024 | Connecticut Law Tribune
Lawyers Should Take No Part in Delegitimizing Our CourtsCourts should discipline lawyers who assert intentional falsehoods that undermine public trust in the legitimacy of the judiciary.
By Thomas Moukawsher
5 minute read
June 10, 2024 | Connecticut Law Tribune
Redundant Red Tape: Let's Fix Procedure for the Prejudgment RemedyThere's no doubting the usefulness of prejudgment remedies under Connecticut law. For commercial creditors in particular, a properly executed waiver…
By Thomas Moukawsher
5 minute read
May 28, 2024 | Connecticut Law Tribune
Understanding the Limits of Attorney-Client PrivilegeAssertion of privilege is a double-edged sword that can cause trouble as easily as it can get you out of it.
By Thomas Moukawsher
5 minute read
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