Fall/Winter 2021-22 - Volume 105 Number 3

Leaving Afghanistan

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

Fall/Winter 2021-22, Judicature International | 2021

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

Evacuation at Hamid Karzai International Airport

The Judiciary and the Rule of Law in Afghanistan

by Mehdi J. Hakimi

Fall/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.

David F. Levi

From the Publisher

by David F. Levi

Fall/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 […]

Cartoon image of a judge conducting court on an iPad

Pandemic Spurs Technology Revolution in State Civil Courts

by Erika Rickard and Qudsiya Naqui

Fall/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 […]

Kiribati flag printed on canvas

Judicature goes global

by Melinda Vaughn

Fall/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 […]

Judicial Honors Fall/Winter 2021–22

by Eric Surber

Fall/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 […]

Judge J. Clifford Wallace

The 2022 Bolch Prize: J. Clifford Wallace

by Melinda Myers Vaughn

Fall/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. […]

Benjamin Ferencz at the Einsatzgruppen Trial

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

by Michael P. Scharf and Benjamin Ferencz

Fall/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.

Person marking paper with red pen

The importance of signposting — and following through

by Joseph Kimble

Fall/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 . . . .” […]

Justice Robert Jackson at the Nuremberg Trials

Justice Jackson’s Persistent Post-Nuremberg Legacy

by Brian R. Gallini

Fall/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.

A Statutory Oddity

by Jon O. Newman

Fall/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 […]

Polarization and Partisanship in State Supreme Court Elections

by Herbert M. Kritzer

Fall/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 […]

Taking Center Stage: The Virginia Revival Model Courtroom

by Robert J. Conrad Jr. and Justine Parry Welch

Fall/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.

Cartoon image of a red Ford truck

Open Road? Ford Reroutes Personal Jurisdiction

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

Fall/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, […]

Criticizing the Court: How opinionated should opinions be?

by Orin Kerr and Michael C. Dorf

Fall/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, […]

The Joy of Judging with Justice Rosalie Silberman Abella

by Andromache Karakatsanis and Sheilah L. Martin

Fall/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 […]

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

by D. Brooks Smith

Fall/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.

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

by Judicature Staff

Fall/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 […]