Crafting Precedent
Vol. 131 No. 2
How does the law of judicial precedent work in practice? That is the question at the heart of The Law of Judicial Precedent, the...
Jurisprudence
Thayer, Holmes, Brandeis: Conceptions of Judicial Review, Factfinding, and Proportionality
Vol. 130 No. 9
Three Harvard Law School alumni — James Bradley Thayer, Oliver Wendell Holmes, Jr., and Louis D. Brandeis — have had outsized impacts on judicial...
Law’s Boundaries
Vol. 130 No. 9
The history of law is in no small part the history of its boundaries. And the history of legal theory, or jurisprudence more narrowly,...
Applying Empirical Psychology to Inform Courtroom Adjudication — Potential Contributions and Challenges
Modern Courts Commentary Series
Vol. 130 No. 8
The Judicial Presumption of Police Expertise
Vol. 130 No. 8
This Article examines the unrecognized origins and scope of the judicial presumption of police expertise: the notion that trained, experienced officers develop insight into...
The Justiciability of Servicemember Suits
Vol. 130 No. 8
On May 4, 2016, Captain Nathan Michael Smith of the U.S. Army sued President Obama in the U.S. District Court for the District of...
Baldwin v. Department of Defense
Eastern District of Virginia Dismisses Suit Against Government for Military Sexual Assaults.
Vol. 130 No. 8
Why Do Courts Defer to Cops?
Responding to Anna Lvovsky, The Judicial Presumption of Police Expertise
Response to The Judicial Presumption of Police Expertise
Vol. 130 No. 8
Judicial Factfinding in an Age of Rapid Change: Creative Reforms from Abroad
Modern Courts Commentary Series
Vol. 130 No. 8
Patterns of Error
Responding to Justin Murray, A Contextual Approach to Harmless Error Review
Response to A Contextual Approach to Harmless Error Review
Vol. 130 No. 7