November 13, 2024 | New York Law Journal
The First Amendment on Trial: Factors That Influence Juror ReceptivityIt is not surprising that the role of these arguments in the courtroom has been mixed. But free speech arguments are becoming more ubiquitous across a variety of case types, including defamation, employment, copyright, and criminal cases as well as in the regulation of social media platforms.
By Natalie Gordon
9 minute read
May 13, 2022 | New York Law Journal
Embracing the Gains of Virtual Trials: Part 2In 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.
By Natalie Gordon
6 minute read
April 08, 2022 | New York Law Journal
Embracing the Gains of Virtual Trials: Part 1This experiment with virtual trials may feel like a temporary solution to what was a temporary problem. But should it be?
By Natalie Gordon
11 minute read