The Role of Corporate Litigation in the Twenty-First Century

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As published in Delaware Journal of Corporate Law, Vol. 25, No. 1, pp. 131-160, 2000

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E. Norman Veasey; Michael P. Dooley
paper description
I want to talk a little bit about what has happened and maybe a little bit about what's to come. I will try to do that within the usual ethical constraints on judges. Judges may not comment on the merits of a pending or impending proceeding in any court but may explain court procedures or a scholarly presentation for legal education. Well, I can explain some procedures, but I don't know about the scholarly presentation. I'll try, however, to give some of my thoughts without encroaching on what I think a judge may not do. I think that the ethics rules give judges wide latitude. As a matter of general observation, I think judges should speak out more in fora like this and around the country and to citizens groups to explain the legal process and to build trust and confidence in the judicial system. But I think the only thing that I wouldn't talk about is what I mentioned as well as not to forecast how even a hypothetical case would be decided because that might be seen as prejudgment and might result in a disqualification. But that constraint does not foreclose talking about macro issues or, as I said, procedures.