Feature
by Brandon Garrett, Laurence R. Helfer, Jayne Huckerby, Mark Godsey and Luca Lupària
Judicature International | An online-only publicationIn the last decade, nations have begun to formally recognize an individual’s right — at any time — to raise post-conviction claims of factual innocence. Despite the recognition at the state level, no international human rights instrument fully recognizes the right to assert one’s claim of innocence.
Feature
Not long ago, “friend” was a noun, “yelp” meant a shrill bark, “twitter” referred to a chirp, a “tumbler” was a gymnast or a glass, and “facebook,” “youtube,” and “instagram” […]
Book Review
There are at least two points of consensus among those who study national security secrecy: First, the government must keep some secrets in order to protect national security. Second, a […]
Feature
by Daniel J. Capra and Joseph Tartakovsky
Vol. 99 No. 3 | Fixing DiscoveryIn 2004, the Supreme Court, in Crawford v. Washington, restored the “original meaning” of the Sixth Amendment’s Confrontation Clause. The framers of that clause — which guarantees a criminal defendant the right […]
Feature
Justice Jackson’s post-Nuremberg legacy — his “dispassionate approach” to criminal procedure — continues to shape modern Fourth Amendment jurisprudence.
Feature
by Michael P. Scharf and Benjamin Ferencz
Vol. 105 No. 3 | Leaving AfghanistanDuring the Nuremberg Trials, Ferencz served as a principal trial lawyer for the U.S., working under chief prosecutors Justice Robert Jackson and Telford Taylor.
Point/Counterpoint
by N. Randy Smith and David R. Herndon
Vol. 100 No. 1 | 100 Years of JudicatureIn some courtrooms, the practice of allowing jurors to pose questions to witnesses is gaining traction. Questioning witnesses allows jurors to clarify information and better understand the evidence and arguments […]
Feature
by Richard Seltzer, Russell F. Canan, Molly Cannon and Heidi L. Hansberry
Vol. 100 No. 1 | 100 Years of JudicatureJust after midnight on a warm summer night, a Caucasian woman was walking alone on the streets of Washington, D.C. All of a sudden, three young men she had never […]
Feature
by Brandon Garrett and Sandra Guerra Thompson
Vol. 105 No. 2 | Judicial IndependenceMaranda ODonnell was driving to her mother’s house to pick up her four-year-old daughter when she was stopped by police and arrested for driving with a suspended license. As was […]
Point/Counterpoint
by Robert D. Keeling and Ray Mangum
Vol. 105 No. 2 | Judicial IndependenceWith the proliferation of social media platforms and other new technologies has come a renewed legal focus on privacy. Most of that focus has centered on data collection, storage, sharing, […]
