by David Collins
Spring 2020 | Volume 104 Number 1The 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 »
by Deborah A. Widiss
Spring 2020 | Volume 104 Number 1Courts 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 »
by Francis McGovern, Elizabeth Burch and William Rubenstein
Spring 2020 | Volume 104 Number 1Growing 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 »
by James Huffman and Gerald Torres
Spring 2020 | Volume 104 Number 1POINT / 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 »
by Brandon Garrett
Spring 2020 | Volume 104 Number 1Eyewitness 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 »
by Chad S. Dodson
Spring 2020 | Volume 104 Number 1Increasing 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 »
by Theodore McKee
Spring 2020 | Volume 104 Number 1In 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 »
by Thomas D. Albright and Jed S. Rakoff
Spring 2020 | Volume 104 Number 1Six 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 »
by Brandon Garrett and John Monahan
Summer 2019 | Volume 103 Number 2Judges 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 »
by David W. Ichel, Amy St. Eve, John H. Beisner, Ernest J. Getto, Samuel Issacharoff and Christopher A. Seeger
Fall 2019 | Volume 103 Number 3Third-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 »
