Click here to download this edition as a PDF.
by David F. Levi, Allyson K. Duncan, Tayeba Parsa, Zohal Noori Rahiq, Susan Glazebrook, Helena Kennedy, Patricia Whalen, David Rivkin and Mark Ellis
Judicature International, Fall/Winter 2021-22 | Volume 105 Number 3International organizations are working to evacuate Afghan women judges, who face particular peril under Taliban rule.
by Mehdi J. Hakimi
Judicature International, Fall/Winter 2021-22 | Volume 105 Number 3The current rule of law crisis has roots in Afghanistan’s 2004 constitution, which created a flawed separation of powers system.
by David F. Levi
Fall/Winter 2021-22 | Volume 105 Number 3As 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 […]
by Erika Rickard and Qudsiya Naqui
Fall/Winter 2021-22 | Volume 105 Number 3With 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 […]
by Melinda Vaughn
Fall/Winter 2021-22 | Volume 105 Number 3Judicature 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 […]
by Eric Surber
Fall/Winter 2021-22 | Volume 105 Number 3Chief 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 […]
by Melinda Myers Vaughn
Fall/Winter 2021-22 | Volume 105 Number 3Chief 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. […]
by Michael P. Scharf and Benjamin Ferencz
Fall/Winter 2021-22 | Volume 105 Number 3During the Nuremberg Trials, Ferencz served as a principal trial lawyer for the U.S., working under chief prosecutors Justice Robert Jackson and Telford Taylor.
by Joseph Kimble
Fall/Winter 2021-22 | Volume 105 Number 3Signposting is easy to illustrate. Not this: “The defendant claims . . . . The defendant also claims . . . . Finally, the defendant claims . . . .” […]
by Brian R. Gallini
Fall/Winter 2021-22 | Volume 105 Number 3Justice Jackson’s post-Nuremberg legacy — his “dispassionate approach” to criminal procedure — continues to shape modern Fourth Amendment jurisprudence.
by Jon O. Newman
Fall/Winter 2021-22 | Volume 105 Number 3The 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 […]
by Herbert M. Kritzer
Fall/Winter 2021-22 | Volume 105 Number 3Click 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 […]
by Robert J. Conrad Jr. and Justine Parry Welch
Fall/Winter 2021-22 | Volume 105 Number 3Courthouses serve as monuments to our legal tradition, so a willingness to reconsider design assumptions is essential to the continuing vitality of jury trials.
by Marin K. Levy, Zachary Clopton, Mila Sohoni and Kevin Clermont
Fall/Winter 2021-22 | Volume 105 Number 3When 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, […]
by Orin Kerr and Michael C. Dorf
Fall/Winter 2021-22 | Volume 105 Number 3The 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, […]
by Andromache Karakatsanis and Sheilah L. Martin
Fall/Winter 2021-22 | Volume 105 Number 3In 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 […]
by D. Brooks Smith
Fall/Winter 2021-22 | Volume 105 Number 3Chief 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.
by Judicature Staff
Fall/Winter 2021-22 | Volume 105 Number 3Features “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 […]
