Federal Courts

Judicial Review and Parliamentary Supremacy

Judicial Review & Parliamentary Supremacy

by David Collins

Spring 2020 | Volume 104 Number 1

The American version of judicial review stands alone — and almost never stood at all If Chief Justice John Marshall could have been transported on Dr. Who’s “Tardis” back to Continue Reading »

Communication Breakdown: How Courts Do — and Don’t — Respond to Statutory Overrides

by Deborah A. Widiss

Spring 2020 | Volume 104 Number 1

Courts and Congress are, at times, engaged in a kind of ongoing “conversation” about statutory law. Congress has exclusive power to enact statutes — but when statutory language is unclear, Continue Reading »

the negotiation class

The Negotiation Class

by Francis McGovern, Elizabeth Burch and William Rubenstein

Spring 2020 | Volume 104 Number 1

Growing dockets have long been the mother of judicial invention. In 1968, Congress created the Judicial Panel on Multidistrict Litigation and authorized it to create multidistrict litigations (or MDLs) to Continue Reading »

Getting Hotter: Climate Change in the Courts

by James Huffman and Gerald Torres

Spring 2020 | Volume 104 Number 1

POINT / COUNTERPOINT Climate change has taken center stage politically and socially. As fires raged in Australia, glaciers continued a steady melt, and the winter of 2020 tracked to become Continue Reading »

Judging Eyewitness Evidence

by Brandon Garrett

Spring 2020 | Volume 104 Number 1

Eyewitness evidence, in which a witness visually identifies the culprit, is a staple of criminal investigations. But its fallibility is notorious. As the National Academy of Sciences explained in an Continue Reading »

Distinguishing Between Reliable and Unreliable Eyewitnesses

by Chad S. Dodson

Spring 2020 | Volume 104 Number 1

Increasing research shows that eyewitness confidence at the time of the initial identification can be a strong predictor of accuracy under appropriate lineup identification conditions.1 In such conditions, police show Continue Reading »

The Creation and Conclusions of the Third Circuit Task Force on Eyewitness Identifications

by Theodore McKee

Spring 2020 | Volume 104 Number 1

In 2016, the Third Circuit sat en banc to hear the case of Commonwealth v. Dennis.1 Little did the court realize the sustained impact this single appeal would have on Continue Reading »

A Clearer View: The Impact of the National Academy of Sciences Report on Eyewitness Identification

by Thomas D. Albright and Jed S. Rakoff

Spring 2020 | Volume 104 Number 1

Six years ago, the U.S. National Academy of Sciences (NAS) convened a panel of experts to consider the problem of eyewitness identification. Eyewitnesses have long played a significant role in Continue Reading »

Assessing Risk: The Use of Risk Assessment in Sentencing

by Brandon Garrett and John Monahan

Summer 2019 | Volume 103 Number 2

Judges are using risk assessment instruments in criminal cases more than ever before. Their role is increasingly prominent at all stages of the criminal justice system, including policing, pretrial detention, Continue Reading »

A bridge too far

A bridge too far? An expert panel examines the promise and peril of third-party litigation financing

by David W. Ichel, Amy St. Eve, John H. Beisner, Ernest J. Getto, Samuel Issacharoff and Christopher A. Seeger

Fall 2019 | Volume 103 Number 3

Third-party litigation finance has captured the attention of litigants, the courts, and the academy across the globe. It has the potential to substantially impact civil litigation as we know it Continue Reading »