Editorials

The Time Has Come

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"The time has come", the walrus said, "to talk of many things: of shoes - and ships - and sealing wax - of cabbages - and kings." That's what Lewis Carroll said in "Through the Looking Glass." Today, the time has come for our state judges to talk of many things (and new things) for handling complicated cases. It's a time to cultivate new tools and prepare our courts for the 21st century. It's a time to invest in innovation that will cost the state less and produce more. One idea is the use of special masters.

Take It To The Databank

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As a crime-fighting tool, DNA databanks are yielding exciting results. In case after case across the country and even internationally, DNA databanks have proven to be extremely useful in solving crimes. Here in Connecticut, there have already been 622 confirmed "hits" - a match when a crime scene DNA sample is run against the databank - for recent crimes and "cold" cases. And databank information has been used to eliminate suspects and to exonerate individuals convicted of crimes they did not commit.

One Nation, Under Law

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States deserve congratulations for considering modifications to bar admission rules that might ease the path of out-of-state lawyers seeking to waive into the bar without taking a new examination. Yet, however sensible such suggestions might be, they miss the fundamental point concerning legal practice in the 21st century. U.S. lawyers must do everything possible to compete with our foreign competitors, such as lawyers in India now handling work outsourced there by large New York firms. Accordingly, we should remove needless barriers among states and adopt rules that would permit those who pass a state's bar exam and earn the required score on the Multistate Bar Exam to be admitted, following a character check, to an individual state bar and also to practice law in all 50 states.

Some Women Choose To Go Public

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For some women lawyers, it's the passion for public service and the feeling that they're making a difference in someone's life.

A Case For Staying Put

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A common complaint among leaders of the bar is that Connecticut's lawyers, and particularly its young lawyers, find it increasingly difficult to find time to attend educational events on matters of legal and public importance.

Why Races Are Noncompetitive

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In my last column I revealed how noncompetitive our state legislative races are. In the 2006 election, 60 of the 151 state representatives ran unopposed and 85 won by 60 percent or more of the vote, meaning 145 members of the House (96 percent ) won in a walk and only six seats were in play. Nine of the 36 senators ran unopposed and 22 won by 60 percent or more of the vote, meaning 31 senators (86 percent) breezed in and only five seats were truly contested.

Prevailing Over The Fine Print

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You don't have to look far to find people who are disgruntled by the growing practice of vendors of various kinds putting arbitration clauses deep in the fine print of their contracts. Just about nobody ever reads them, but there they are, in abundance in brokerage agreements, service agreements, credit card terms and other consumer transactions. Such clauses say that any dispute about the bill, the service, or pretty much anything else can't be brought to court but must go to arbitration, sometimes in a jurisdiction far, far away from where the transaction took place, with a set of procedures that can seem much less inviting than a visit to one's nearby small claims court.

Commentary: Immigration Fix Fleeting

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The McCain-Kennedy immigration bill currently being debated on Capitol Hill attempts to comprehensively address most, if not all, aspects of immigration reform, including border security, temporary guest worker permits and steps to obtaining permanent citizenship. While the bill tackles a subject matter where solutions are not readily apparent, the difficulty of dealing with the treatment of illegal immigrants remains a major stumbling block to passage.

Commentary: Ways To Improve Civil Courts

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Our new chief justice is trying to make our courts "more user friendly" for litigants, lawyers and judges. This is a very good idea. In addition, Chief Justice Chase T. Rogers has appointed Appellate Court Judge Alexandra D. DiPentima to chair what's being called the Public Service and Trust Commission. What follows are some suggestions that may help the panel fulfill its mission.

A Dubious Drain On Judicial Resources

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A high school freshman in Santa Rosa, Calif., is teased by her classmates about her Mormon parents. In response to one of them, she uses the phrase "That's so gay!" Her school, reacting to what it believes is a homophobic comment, mildly disciplines her. Outraged, her parents then sue in state court to reverse the punishment and to collect damages. The case is vigorously argued in a non-jury trial. The judge imposes a gag order on the parties, but various others are heard on all sides.