Spring 2020 - Volume 104 Number 1

A Clearer View: The Impact of the National Academy of Sciences Report on Eyewitness Identification

by Thomas D. Albright and Jed S. Rakoff

Spring 2020 | Volume 104 Number 1

Six years ago, the U.S. National Academy of Sciences (NAS) convened a panel of experts to consider the problem of eyewitness identification. Eyewitnesses have long played a significant role in Continue Reading »

The Creation and Conclusions of the Third Circuit Task Force on Eyewitness Identifications

by Theodore McKee

Spring 2020 | Volume 104 Number 1

In 2016, the Third Circuit sat en banc to hear the case of Commonwealth v. Dennis.1 Little did the court realize the sustained impact this single appeal would have on Continue Reading »

Distinguishing Between Reliable and Unreliable Eyewitnesses

by Chad S. Dodson

Spring 2020 | Volume 104 Number 1

Increasing research shows that eyewitness confidence at the time of the initial identification can be a strong predictor of accuracy under appropriate lineup identification conditions.1 In such conditions, police show Continue Reading »

Judging Eyewitness Evidence

by Brandon Garrett

Spring 2020 | Volume 104 Number 1

Eyewitness evidence, in which a witness visually identifies the culprit, is a staple of criminal investigations. But its fallibility is notorious. As the National Academy of Sciences explained in an Continue Reading »

preparing for a pandemic

Preparing Courts for a Pandemic

by William Raftery

Spring 2020 | Volume 104 Number 1

As the coronavirus emerged around the globe early this year, it quickly began to affect every facet of society and government, including state courts. Unlike in prior instances of mass Continue Reading »

Connecticut Court House

Sitting on the Bench: My Adventures in a Connecticut Court

by Carl J. Schuman

Spring 2020 | Volume 104 Number 1

Fellow judges, I highly recommend keeping a diary of your daily adventures in the courthouse. It would be hard to make up stories that are better than the reality of Continue Reading »

Getting Hotter: Climate Change in the Courts

by James Huffman and Gerald Torres

Spring 2020 | Volume 104 Number 1

POINT / COUNTERPOINT Climate change has taken center stage politically and socially. As fires raged in Australia, glaciers continued a steady melt, and the winter of 2020 tracked to become Continue Reading »

Lawrence J O'Neill

The One Who Could: Judge Lawrence J. O’Neill, U.S. District Court for the Eastern District of California

by Jennifer L. Thurston

Spring 2020 | Volume 104 Number 1

ABOVE: U.S. District Judge Lawrence O’Neill, right, with Senior U.S. District Judge Morrison England, both of the Eastern District of California. While Lawrence J. O’Neill was completing his 50th jury Continue Reading »

Ariely Background Compressed

What Makes You Think You’re So Smart?

by Robin M. Hogarth

Spring 2020 | Volume 104 Number 1

In recent years, scholars have taken new interest in people’s ability to reason rationally. The conventional take from economic theory is that, as rationally motivated individuals, people generally make appropriate Continue Reading »

The Plague of String Citations

by Joseph Kimble

Spring 2020 | Volume 104 Number 1

Check out the original paragraph from this opinion, which dealt with a motion to quash two subpoenas on grounds of attorney-client privilege. In the entire 262-word paragraph, covering 20 lines, Continue Reading »

Courts Must Lead in the Crisis of Addiction

by Loretta H. Rush and Deborah Taylor Tate

Spring 2020 | Volume 104 Number 1

Last year, more Americans died of opioid overdoses than of many cancers, gunshot wounds, or even car crashes. In fact, by at least one metric, the epidemic is more dire Continue Reading »


Shattering Glass Mastheads

by Jeannie Anne Naujeck and Lauren Kloss

Spring 2020 | Volume 104 Number 1

The nation’s top-ranked law journals have joined together to produce a special-edition law review commemorating a milestone in legal education: For the first time ever, all of the flagship law Continue Reading »

Francis McGovern

In Memoriam: Francis McGovern, Legal Innovator

by Frances Presma

Spring 2020 | Volume 104 Number 1

Duke Law Professor Francis E. McGovern, renowned for his expertise in alternative dispute resolution (ADR) and his innovative work as a special master and mediator overseeing or advising on the Continue Reading »

the negotiation class

The Negotiation Class

by Francis McGovern, Elizabeth Burch and William Rubenstein

Spring 2020 | Volume 104 Number 1

Growing dockets have long been the mother of judicial invention. In 1968, Congress created the Judicial Panel on Multidistrict Litigation and authorized it to create multidistrict litigations (or MDLs) to Continue Reading »

Justice Dikgang Moseneke

A Freedom Fighter and Judicial Luminary: 2020 Bolch Prize Honors Dikgang Moseneke of the South Africa Constitutional Court

by Melinda Vaughn

Spring 2020 | Volume 104 Number 1

Dikgang Moseneke, an internationally revered jurist who helped build and lead a democratic South Africa as it emerged from apartheid, has been named the recipient of the 2020 Bolch Prize Continue Reading »

Judicial Honors

Judicial Honors Spring 2020

by Judicature Staff

Spring 2020 | Volume 104 Number 1

The U.S. Senate passed a resolution honoring the late Nathaniel Jones, who served 23 years as a judge on the U.S. Court of Appeals for the Sixth Circuit in Cincinnati. Continue Reading »

What makes people do what they do?

What Makes People Do What They Do?

by David F. Levi and Dan Ariely

Spring 2020 | Volume 104 Number 1

In conversation with Bolch Judicial Institute Director David F. Levi, Dan Ariely offers a behavioral scientist’s take on motivation, incentives, and sanctions in legal settings. As a teenager, Dan Ariely Continue Reading »

Communication Breakdown: How Courts Do — and Don’t — Respond to Statutory Overrides

by Deborah A. Widiss

Spring 2020 | Volume 104 Number 1

Courts and Congress are, at times, engaged in a kind of ongoing “conversation” about statutory law. Congress has exclusive power to enact statutes — but when statutory language is unclear, Continue Reading »

Judicial Review and Parliamentary Supremacy

Judicial Review & Parliamentary Supremacy

by David Collins

Spring 2020 | Volume 104 Number 1

The American version of judicial review stands alone — and almost never stood at all If Chief Justice John Marshall could have been transported on Dr. Who’s “Tardis” back to Continue Reading »

David F. Levi

From the Publisher: A Tribute

by David F. Levi

Spring 2020 | Volume 104 Number 1

We are mourning the unexpected death of a friend, colleague, and visionary, Francis McGovern, whose contributions to the resolution of mass torts are highlighted in an interview (see page 12) Continue Reading »