Can Science Save Justice?
By Adam Benforado
Psychologists and neuroscientists say cognitive forces beyond our control are negatively affecting the criminial justice system and thwarting the promise of justice for all. Incremental efforts to address these damaging biases often come up short. Is it time for bold reform? Professor Benforado explores solutions offered by emerging science and technology, and practitioners — Sol Wachtler, a former appellate judge who served time in federal prison; Sam Myers, a former prosecutor who is now a trial judge; and defense attorneys David Keenan and Terence Ward — offer perspectives on how Benforado's proposals might, or might not, work in the real world.
Amended Rule 37(e): What's New and What's Next in Spoliation?
By Thomas Y. Allman
Rule 37(e) was amended to reflect new focus on curative measures in the absence of bad faith when it comes to the spoliation of electronic evidence. Thomas Allman assesses the impact of the rule and its releationship to using inherent sanctioning authority in addressing spoliation. (The article appendices, which can be downloaded below, will be updated periodically by the author to reflect new case law.)
Criticism of the Judiciary: The Virtue of Moderation
by Geert Corstens
IP Law Post-Brexit
by Richard Arnold, Lionel Bently, Estelle Derclaye, and Graeme Dinwoodie
Into the Thicket: What's Next in Election Litigation?
by Bradley A. Smith
Cameras Belong in the Supreme Court
by Erwin Chemerinsky and Eric Segall
The United State Supreme Court is now and has been for over 200 years the most powerful and important legal tribunal in the world. Over the last ten years alone, critical decision regarding abortion, affirmative action, gun rights, Obamacare, campaign finance reform, voting rights, redistricting and numerous other fundamental issues concerning how the people of the United States govern and define themselves have been made by our highest Court. Yet it has never allowed a single oral argument or decision to be broadcast or live streamed. It is a national embarassment and a great disservice to the rule of law and a government by and for the people.
Glenn Harlan Reynolds reviews Our Republican Constitution: Securing the Liberty and Sovereignty of We the People, by Randy Barnett.
Professor Joe Kimble, our resident writing expert, offers a path to a better first paragraph.
A Specialist Court Redux? By George Christie
DOWNLOADS FROM THIS EDITION:
- Table of Contents
- Editor's Note
- Publisher's Note
- Guns in Court
- The Ethics of Fees and Fines in Court
- The Storied Third Branch - Damon Keith
- Can Science Save Justice?
- Amended Rule 37(e): What's New and What's Next in Spoliation?
- Criticism of the Judiciary
- Cameras Belong in the Supreme Court/sites/default/files/centers/judicialstudies/may2017_cameras.pdf
- Book Review - Our Republican Constitution
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