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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

Person marking paper with red pen

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, […]

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 […]


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 […]

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 […]

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 […]

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 […]

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. […]

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 […]

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, […]

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 […]

David F. Levi

From The Publisher

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) […]