by David F. Levi, Allyson K. Duncan, Tayeba Parsa, Zohal Noori Rahiq, Susan Glazebrook, Helena Kennedy, Patricia Whalen, David Rivkin and Mark EllisFall/Winter 2021-22, Judicature International | 2021
International organizations are working to evacuate Afghan women judges, who face particular peril under Taliban rule.
by Mehdi J. HakimiFall/Winter 2021-22, Judicature International | 2021
The current rule of law crisis has roots in Afghanistan’s 2004 constitution, which created a flawed separation of powers system.
by David F. LeviFall/Winter 2021-22 | Volume 105 Number 3
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 […]
by Erika Rickard and Qudsiya NaquiFall/Winter 2021-22 | Volume 105 Number 3
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 […]
by Melinda VaughnFall/Winter 2021-22 | Volume 105 Number 3
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 […]
by Eric SurberFall/Winter 2021-22 | Volume 105 Number 3
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 […]
by Melinda Myers VaughnFall/Winter 2021-22 | Volume 105 Number 3
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. […]
by Michael P. Scharf and Benjamin FerenczFall/Winter 2021-22 | Volume 105 Number 3
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.
by Joseph KimbleFall/Winter 2021-22 | Volume 105 Number 3
Signposting is easy to illustrate. Not this: “The defendant claims . . . . The defendant also claims . . . . Finally, the defendant claims . . . .” […]
by Brian R. GalliniFall/Winter 2021-22 | Volume 105 Number 3
Justice Jackson’s post-Nuremberg legacy — his “dispassionate approach” to criminal procedure — continues to shape modern Fourth Amendment jurisprudence.
by Jon O. NewmanFall/Winter 2021-22 | Volume 105 Number 3
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 […]
by Herbert M. KritzerFall/Winter 2021-22 | Volume 105 Number 3
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 […]
by Robert J. Conrad Jr. and Justine Parry WelchFall/Winter 2021-22 | Volume 105 Number 3
Courthouses 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 ClermontFall/Winter 2021-22 | Volume 105 Number 3
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, […]
by Orin Kerr and Michael C. DorfFall/Winter 2021-22 | Volume 105 Number 3
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, […]
by Andromache Karakatsanis and Sheilah L. MartinFall/Winter 2021-22 | Volume 105 Number 3
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 […]
by D. Brooks SmithFall/Winter 2021-22 | Volume 105 Number 3
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.
by Judicature StaffFall/Winter 2021-22 | Volume 105 Number 3
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 […]