Click here to download this edition as a PDF.
by Jed S. Rakoff and Thomas D. Albright
Vol. 104 No. 1 (2020) | A Clearer ViewSix 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 […]
by Theodore McKee
Vol. 104 No. 1 (2020) | A Clearer ViewIn 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 […]
by Chad S. Dodson
Vol. 104 No. 1 (2020) | A Clearer ViewIncreasing 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 […]
by Brandon Garrett
Vol. 104 No. 1 (2020) | A Clearer ViewEyewitness 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 […]
by William Raftery
Vol. 104 No. 1 (2020) | A Clearer ViewAs 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 […]
by Carl J. Schuman
Vol. 104 No. 1 (2020) | A Clearer ViewFellow 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 […]
by James Huffman and Gerald Torres
Vol. 104 No. 1 (2020) | A Clearer ViewPOINT / 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 […]
by Jennifer L. Thurston
Vol. 104 No. 1 (2020) | A Clearer ViewABOVE: 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 […]
by Robin M. Hogarth
Vol. 104 No. 1 (2020) | A Clearer ViewIn 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 […]
by Joseph Kimble
Vol. 104 No. 1 (2020) | A Clearer ViewCheck 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, […]
by Loretta H. Rush and Deborah Taylor Tate
Vol. 104 No. 1 (2020) | A Clearer ViewLast 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 […]
by Jeannie Anne Naujeck and Lauren Kloss
Vol. 104 No. 1 (2020) | A Clearer ViewThe 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 […]
by Frances Presma
Vol. 104 No. 1 (2020) | A Clearer ViewDuke 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 […]
by Elizabeth Burch, William Rubenstein and Francis McGovern
Vol. 104 No. 1 (2020) | A Clearer ViewGrowing 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 […]
by Melinda Vaughn
Vol. 104 No. 1 (2020) | A Clearer ViewDikgang 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 […]
by Judicature Staff
Vol. 104 No. 1 (2020) | A Clearer ViewThe 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. […]
by David F. Levi and Dan Ariely
Vol. 104 No. 1 (2020) | A Clearer ViewIn 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 […]
by Deborah A. Widiss
Vol. 104 No. 1 (2020) | A Clearer ViewCourts 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, […]
by David Collins
Vol. 104 No. 1 (2020) | A Clearer ViewThe 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 […]
by David F. Levi
Vol. 104 No. 1 (2020) | A Clearer ViewWe 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) […]
