A pre-judgment order of attachment freezing a defendant's assets can have extraordinary implications on finances, operations and even third parties. A recent Second Circuit decision provides a clearer ...

Trial judges often invoke a familiar line when pressed for the reasoning behind a close call: “That’s within my discretion.” In theory, judicial discretion is a narrow tool for resolving issues where ...

As the state Legislature grapples with whether it should amend new bail reforms, a refrain among critics is that under the new rules, judges lack “judicial discretion” to determine if certain ...