Feature
Judging, Federal Courts
Shortlisted
by Diane P. Wood, Renee Knake Jefferson and Hannah Brenner Johnson
Vol. 106 No. 3 (2023) | Forging New TrailsWhen Kentanji Brown Jackson was confirmed to the United States Supreme Court, she became the sixth woman to take the bench on the nation’s highest court. Her addition also put […]
Global, International, Law & Culture, Criminal Law
Toward Recognizing an International Human Right to Claim Innocence
by Brandon Garrett, Laurence R. Helfer, Mark Godsey, Luca Lupària and Jayne Huckerby
Judicature International (2021-22) | An online-only publicationIn the last decade, nations have begun to formally recognize an individual’s right — at any time — to raise post-conviction claims of factual innocence. Despite the recognition at the state level, no international human rights instrument fully recognizes the right to assert one’s claim of innocence.
Judging, Technology
10 Things Judges Should Know About Cryptocurrency
by Lee Reiners
Vol. 106 No. 2 (2022) | Losing faith?By now, you have probably heard of cryptocurrency and blockchain technology. Perhaps, however, you have found the topics impenetrable or doubted their relevance to the courtroom. But cryptocurrency is a […]
Court Administration, Law & Culture
Legal Information vs. Legal Advice: A 25 Year Retrospective
Vol. 106 No. 2 (2022) | Losing faith?In modern times, a key question in access to justice has been: To what extent can court personnel assist unrepresented litigants in filing and managing their claims? The answer to […]
Judging, Law & Culture, State Courts
Trauma-Informed Judicial Practice from the Judges’ Perspective
by Eva McKinsey, Samantha A. Zottola, Luke Ellmaker, Alexis Mitchell and Mark Heinen
Vol. 106 No. 2 (2022) | Losing faith?Research sends a clear message: The effects of trauma cannot be ignored within our court system. Up to 90 percent of adolescents and 75 percent of adults involved in the […]
Court Administration, Judging, State Courts
Judges, Judging and Otherwise
Vol. 106 No. 2 (2022) | Losing faith?Ask the average person to imagine what a judge does, and the answer will most likely be something right out of a courtroom from Law & Order — or Legally Blonde, Just Mercy, My […]
Rule of Law, Constitutional Law
Reforming the Electoral Count Act, Safeguarding the Vote
by David F. Levi, Bob Bauer and Jack L. Goldsmith
Vol. 106 No. 2 (2022) | Losing faith?At the invitation of the leaders of The American Law Institute (ALI), a group of legal experts representing a range of legal and political views has developed a slate of […]
Global, International, Law & Culture, Rule of Law
Bolch Prize 2022: A Shining Example
by David F. Levi, M. Margaret McKeown, Manuel Sager, J. Clifford Wallace, D. Todd Christofferson and David G. Campbell
Vol. 106 No. 2 (2022) | Losing faith?Through more than 50 years of service on the federal bench, Judge J. Clifford Wallace, chief judge emeritus of the U.S. Court of Appeals for the Ninth Circuit, has led […]
Global, Rule of Law, Constitutional Law
Tightrope Act: Can new FISA court reforms address privacy concerns without impeding anti-terrorism efforts?
by Maj. Gen. Charles J. Dunlap, Jr. USAF (ret.)
Vol. 99 No. 2 (2015) | The Mass-Tort MDL VortexAlthough the revamping of bulk data-collection practices dominated headlines about the passage of the USA Freedom Act in June, the new law also contained reforms of the Foreign Intelligence Surveillance Court […]
Judging, Law & Culture
The Doctrine of the Last Antecedent, the Example in Barnhart, and Why Both Are Weak
Vol. 99 No. 2 (2015) | The Mass-Tort MDL VortexStart with an innocuous example: men and women who are tall. Are you talking about all men or only those who are tall? That is, does the who-clause modify both nouns? There’s no […]