Thomas Moukawsher

Thomas Moukawsher

November 04, 2024 | Connecticut Law Tribune

The Rule of Law is the Oxygen of Democracy, and It's Running Low

We 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 Admissions

Today'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 Management

In 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 Optional

It'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 Discovery

Discovery 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 Courts

Contemporary 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 Courts

Courts 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 Remedy

There'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 Privilege

Assertion 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

May 13, 2024 | Connecticut Law Tribune

Excessive Red Tape: Let's Curb Needless Administrative Process

The virtues of administrative agencies are obvious. It's their vices that should concern us.

By Thomas Moukawsher

5 minute read