Feature
Technology, State Courts, Federal Courts, Criminal Law
Judging Eyewitness Evidence
Vol. 104 No. 1 (2020) | A Clearer ViewEyewitness 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 […]
Technology, State Courts, Federal Courts, Criminal Law
A Clearer View: The Impact of the National Academy of Sciences Report on Eyewitness Identification
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 […]
Law & Culture
In Memoriam: Francis McGovern, Legal Innovator
Vol. 104 No. 1 (2020) | A Clearer ViewDuke Law Professor Francis E. McGovern, renowned for his expertise in alternative dispute resolution (ADR) and his innovative work as a special master and mediator overseeing or advising on the […]
Court Administration, Federal Courts
The Negotiation Class
by Elizabeth Burch, William Rubenstein and Francis McGovern
Vol. 104 No. 1 (2020) | A Clearer ViewGrowing 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 […]
Judging, Law & Culture
JHEALTH: How the Tenth Circuit is Improving the Health and Performance of Federal Judges
by Timothy D. DeGiusti, Marcia S. Krieger and Michael H. Gendel
Vol. 102 No. 1 (2018) | Forensic FailBeing a judge offers many benefits — prestige, intellectual stimulation, autonomy, and the opportunity to provide a community service. But the simple fact is that being a judge does not […]
Technology, Criminal Law
Up to the Courts: Managing Forensic Testimony with Limited Scientific Validity
by Pat Skene
Vol. 102 No. 1 (2018) | Forensic FailU.S. District Court Judge Jed Rakoff of the Southern District of New York tells the story of a firearms and toolmark examiner who appeared before him in 2008, proposing to […]
Criminal Law
How Trial Judges Should Think About Forensic Science Evidence
Vol. 102 No. 1 (2018) | Forensic FailHere is a forensic-science test for you. Please answer each of the three questions below True or False. Scientific tests conducted over the past 100 years have repeatedly demonstrated that […]
State Courts, Federal Courts, Criminal Law
After Uniqueness: The Evolution of Forensic-Science Opinions
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 […]
Court Administration, Federal Courts
Emails to a Federal Judge
Vol. 103 No. 3 (2019) | Fees, Fines, and BailRecently 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 […]
Rule of Law, State Courts
Boxed In: Does the Prospect of Re-Selection Influence Judicial Decision Making?
Vol. 103 No. 3 (2019) | Fees, Fines, and BailWhen Justice Ann A. Scott Timmer was given the opportunity to write on a topic of her choosing as part of Duke Law’s Master of Judicial Studies program, she gravitated […]