by Thomas D. Albright and Jed S. Rakoff
Spring 2020 | Volume 104 Number 1Six 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 »
by Theodore McKee
Spring 2020 | Volume 104 Number 1In 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 »
by Chad S. Dodson
Spring 2020 | Volume 104 Number 1Increasing 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 »
by Brandon Garrett
Spring 2020 | Volume 104 Number 1Eyewitness 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 »
by William Raftery
Spring 2020 | Volume 104 Number 1As 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 »
by Carl J. Schuman
Spring 2020 | Volume 104 Number 1Fellow 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 »
by James Huffman and Gerald Torres
Spring 2020 | Volume 104 Number 1POINT / 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 »
by Jennifer L. Thurston
Spring 2020 | Volume 104 Number 1ABOVE: 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 »
by Robin M. Hogarth
Spring 2020 | Volume 104 Number 1In 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 »
by Joseph Kimble
Spring 2020 | Volume 104 Number 1Check 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 »
by Loretta H. Rush and Deborah Taylor Tate
Spring 2020 | Volume 104 Number 1Last 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 »
by Jeannie Anne Naujeck and Lauren Kloss
Spring 2020 | Volume 104 Number 1The 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 »
by Frances Presma
Spring 2020 | Volume 104 Number 1Duke 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 »
by Francis McGovern, Elizabeth Burch and William Rubenstein
Spring 2020 | Volume 104 Number 1Growing 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 »
by Melinda Vaughn
Spring 2020 | Volume 104 Number 1Dikgang 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 »
by Judicature Staff
Spring 2020 | Volume 104 Number 1The 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 »
by David F. Levi and Dan Ariely
Spring 2020 | Volume 104 Number 1In 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 »
by Deborah A. Widiss
Spring 2020 | Volume 104 Number 1Courts 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 »
by David Collins
Spring 2020 | Volume 104 Number 1The 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 »
by David F. Levi
Spring 2020 | Volume 104 Number 1We 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 »
