Point/Counterpoint
by James Huffman and Gerald Torres
Vol. 104 No. 1 (2020) | A Clearer ViewPOINT / 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 […]
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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 […]
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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 […]
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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 […]
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by Jed S. Rakoff and Thomas D. Albright
Vol. 104 No. 1 (2020) | A Clearer ViewSix 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 […]
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by Brandon Garrett and John Monahan
Vol. 103 No. 2 (2019) | Pay NCAA athletes?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, […]
Point/Counterpoint
by Brett G. Scharffs and Frank S. Ravitch
Vol. 102 No. 1 (2018) | Forensic FailPOINT / COUNTERPOINT A baker refuses to create a wedding cake for a same-sex couple because of his religious views on same-sex marriage. The couple claims the baker’s refusal violates […]
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by Alex Biedermann, William C. Thompson and Joëlle Vuille
Vol. 102 No. 1 (2018) | Forensic FailBig changes are occurring in forensic science, particularly among experts who compare the patterns found in fingerprints, footwear impressions, toolmarks, handwriting, and the like. Forensic examiners are reaching conclusions in […]
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by Christopher A. Seeger, Ernest J. Getto, Samuel Issacharoff, Amy St. Eve, David W. Ichel and John H. Beisner
Vol. 103 No. 3 (2019) | Fees, Fines, and BailThird-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 […]
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Recently an esteemed member of the bar died. In closing out the lawyer’s laptop, a legal assistant discovered a trove of emails the lawyer had composed and addressed to a […]
