Federal Courts

Distinguishing Between Reliable and Unreliable Eyewitnesses

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Vol. 104 No. 1 (2020) | A Clearer View

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

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Vol. 104 No. 1 (2020) | A Clearer View

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

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Vol. 104 No. 1 (2020) | A Clearer View

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 […]

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Assessing Risk: The Use of Risk Assessment in Sentencing

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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, […]

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piece of cake?

Piece of Cake?

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Vol. 102 No. 1 (2018) | Forensic Fail

POINT / 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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After Uniqueness: The Evolution of Forensic Science Opinions

After Uniqueness: The Evolution of Forensic-Science Opinions

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Vol. 102 No. 1 (2018) | Forensic Fail

Big 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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A bridge too far

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

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Vol. 103 No. 3 (2019) | Fees, Fines, and Bail

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 […]

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Emails to a Federal Judge

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Vol. 103 No. 3 (2019) | Fees, Fines, and Bail

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 […]

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Portrait of three women judges sitting at the bench

Shattering Glass Ceilings from the Bench

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Vol. 103 No. 3 (2019) | Fees, Fines, and Bail

Federal Judge Sylvia Rambo first thought of a legal career in the 1940s when her school bus drove by a local law school in Carlisle, Pennsylvania. “It was like a […]

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Stevens, J., Dissenting: The Legacy of Heller

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Vol. 103 No. 3 (2019) | Fees, Fines, and Bail

Second Amendment scholars discuss the late Justice John Paul Stevens’s contributions to one of the nation’s thorniest debates During his 34 years on the Supreme Court, Justice John Paul Stevens […]

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