Vol. 105 No. 3 (2021) - Leaving Afghanistan

From the Publisher

by David F. Levi

Vol. 105 No. 3 (2021) | Leaving Afghanistan

As Western military forces abandoned Kabul airport in August, they left behind thousands of Afghan citizens who feared reprisal from the Taliban for their work to build democratic institutions. Perhaps […]

Pandemic Spurs Technology Revolution in State Civil Courts

by Qudsiya Naqui and Erika Rickard

Vol. 105 No. 3 (2021) | Leaving Afghanistan

With courthouses shuttered by COVID-19, civil legal systems in nearly every state moved quickly to adopt new tools to support online operation — a decisive response that enabled millions of […]

Judicial Honors Fall/Winter 2021–22

by Eric Surber

Vol. 105 No. 3 (2021) | Leaving Afghanistan

Chief Justice Michael G. Heavican of the Nebraska Supreme Court and Judge Elizabeth P. Hines (retired) of the 15th District Court in Ann Arbor, Michigan, were inducted into the National Center for State […]

Judicature goes global

by Melinda Vaughn

Vol. 105 No. 3 (2021) | Leaving Afghanistan

Judicature has launched an international edition online for judges around the world. Judicature International, at judicature.duke.edu/intl, will publish commentary, scholarship, empirical research, opinion, and other content exploring issues of common concern to […]

The 2022 Bolch Prize: J. Clifford Wallace

by Melinda Myers Vaughn

Vol. 105 No. 3 (2021) | Leaving Afghanistan

Chief Judge Emeritus J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit has been selected to receive the 2022 Bolch Prize for the Rule of Law. […]

The importance of signposting — and following through

by Joseph Kimble

Vol. 105 No. 3 (2021) | Leaving Afghanistan

Signposting is easy to illustrate. Not this: “The defendant claims . . . . The defendant also claims . . . . Finally, the defendant claims . . . .” […]

Last living Nuremberg Trial prosecutor recalls his work on the Einsatzgruppen Trial

by Benjamin Ferencz and Michael P. Scharf

Vol. 105 No. 3 (2021) | Leaving Afghanistan

During the Nuremberg Trials, Ferencz served as a principal trial lawyer for the U.S., working under chief prosecutors Justice Robert Jackson and Telford Taylor.

Justice Jackson’s Persistent Post-Nuremberg Legacy

by Brian R. Gallini

Vol. 105 No. 3 (2021) | Leaving Afghanistan

Justice Jackson’s post-Nuremberg legacy — his “dispassionate approach” to criminal procedure — continues to shape modern Fourth Amendment jurisprudence.

The Judiciary and the Rule of Law in Afghanistan

by Mehdi J. Hakimi

Judicature International (2021-22), Vol. 105 No. 3 (2021) | Leaving Afghanistan

The current rule of law crisis has roots in Afghanistan’s 2004 constitution, which created a flawed separation of powers system.

Leaving Afghanistan

by David F. Levi, Zohal Noori Rahiq, Susan Glazebrook, Tayeba Parsa, David Rivkin, Mark Ellis, Helena Kennedy, Allyson K. Duncan and Patricia Whalen

Judicature International (2021-22), Vol. 105 No. 3 (2021) | Leaving Afghanistan

International organizations are working to evacuate Afghan women judges, who face particular peril under Taliban rule.

A Statutory Oddity

by Jon O. Newman

Vol. 105 No. 3 (2021) | Leaving Afghanistan

The Different and Sometimes Convoluted Ways that Congress Granted Circuit Court Trial Jurisdiction to the 19th-Century Federal District Courts Doing research for a book on the history of the federal […]

Taking Center Stage: The Virginia Revival Model Courtroom

by Justine Parry Welch and Robert J. Conrad Jr.

Vol. 105 No. 3 (2021) | Leaving Afghanistan

Courthouses serve as monuments to our legal tradition, so a willingness to reconsider design assumptions is essential to the continuing vitality of jury trials.

Polarization and Partisanship in State Supreme Court Elections

by Herbert M. Kritzer

Vol. 105 No. 3 (2021) | Leaving Afghanistan

Click here to download this article’s accompanying appendix. The increase in partisan polarization in the United States over the last several decades is evident in a variety of ways: in roll-call […]

Open Road? Ford Reroutes Personal Jurisdiction

by Zachary Clopton, Mila Sohoni, Kevin Clermont and Marin K. Levy

Vol. 105 No. 3 (2021) | Leaving Afghanistan

When can a plaintiff sue in their home state? The answer to that question was once answered fairly simply in a single first-year law class. But over the past decade, […]

Criticizing the Court: How opinionated should opinions be?

by Orin Kerr and Michael C. Dorf

Vol. 105 No. 3 (2021) | Leaving Afghanistan

The Supreme Court is, naturally, supreme. And in the vast majority of cases, lower courts dutifully enforce the law handed down by the Court without criticism or conversation. Sometimes, however, […]

The Joy of Judging with Justice Rosalie Silberman Abella

by Andromache Karakatsanis and Sheilah L. Martin

Vol. 105 No. 3 (2021) | Leaving Afghanistan

In her last day as a sitting judge at the Supreme Court of Canada, Justice Rosalie Silberman Abella left us with these parting words: “Justice is the application of law […]

Learned Hand’s Spirit of Liberty: A Lesson for Our Times

by D. Brooks Smith

Vol. 105 No. 3 (2021) | Leaving Afghanistan

Chief Judge D. Brooks Smith of the U.S. Court of Appeals for the Third Circuit reflects on the lessons of unity and tolerance embedded in Judge Learned Hand’s famous “Spirit of Liberty” speech.

In This Edition (Table of Contents Vol 105 No 3)

by Judicature Staff

Vol. 105 No. 3 (2021) | Leaving Afghanistan

Features “I’m going to call it what it is. Genocide.” by Michael P. Scharf and Benjamin Ferencz Justice Jackson’s Persistent Post-Nuremberg Legacy by Brian R. Gallini The Judiciary and the […]