Book Review
With the exception of DNA analysis, a great deal of so-called “forensic science” — that is, the analysis of tool marks, bite marks, hair comparisons, fingerprints, blood spatters, arson patterns, and […]
Feature
by Laurence R. Helfer, Mark Godsey, Luca Lupària , Jayne Huckerby and Brandon Garrett
Judicature International (2021-22) | 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 (2015) | 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.
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by Benjamin Ferencz and Michael P. Scharf
Vol. 105 No. 3 (2021) | 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 David R. Herndon and N. Randy Smith
Vol. 100 No. 1 (2016) | 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 Heidi L. Hansberry, Russell F. Canan, Molly Cannon and Richard Seltzer
Vol. 100 No. 1 (2016) | 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 Sandra Guerra Thompson and Brandon Garrett
Vol. 105 No. 2 (2021) | 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 […]
