Temple Law Review Print
Volume 96

“Jurors may not understand the science, but they can count [the experts].”  To date, thirty innocent people have been falsely convicted in the United States of assault or homicide of children in their care. The prosecution mechanism for achieving these wrongful convictions was the use of experts to testify to “shaken baby syndrome” or “abusive […]

By Julie Jonas [PDF]

In McDonough Power Equipment, Inc. v. Greenwood, the Supreme Court reaffirmed that a litigant is entitled to a fair trial but not a perfect one, because there is no such thing as a perfect trial. When allegations of juror misconduct arise, prompting claims of an unfair trial, courts are reluctant to pierce the secrecy of the […]

By Melanie Cecelia Regis [PDF]

As surveillance cameras and other ubiquitous devices record more events in the world, appellate courts are being flooded with video and sound recordings, usually in digital form, as part of the record below. Such digital evidence offers substantial potential benefits in proving or disproving facts at trial. But that evidence can also pose associated challenges […]

By Judge Jack M. Sabatino [PDF]

The struggle for civil rights has never been black and white; multiracial coalitions have been imperative in fighting for equality under the Constitution. With the creation of the new Hon. Nelson A. Díaz Professorship in Law, Temple University Beasley School of Law has brought important recognition to the role Latinxs have played in this movement. […]

By Chief Judge Juan R. Sánchez and Sarah Zimmerman [PDF]

The field of administrative law is facing a moment of unprecedented upheaval. For almost forty years, Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. has been the central pillar of administrative law guiding the interpretation of congressional acts by federal executive agencies. The Chevron doctrine has promoted good governance and democratic accountability by directing […]

By Arlo Blaisus [PDF]

Despite assurances that the only problem with American policing is that there are “a few bad apples,” police departments nationwide seem less capable than ever of plucking “bad apple” officers from their ranks. Scholars attribute this inability to remove officers to many sources, including shoddy internal investigations; police union collective bargaining agreement provisions; and unique […]

By James Dykman [PDF]

Does the Bill of Rights protect convicted felons who have completed their punishment? Generally, yes—so long as they are American citizens or resident aliens. While one might reasonably claim that this is undesirable as a matter of public policy, “the Constitution disables the government from employing certain means to prevent, deter, or detect . . […]

By Jay Kaplan [PDF]

Locky, Phoenix, WannaCry, DarkSide, NotPetya, Hades. Do these names sound familiar? They have each touched the lives of individuals across the globe, generated revenues in the seven to eight figures, and managed to stand out in a field crowded with other actors. No, these are not the names of Disney antiheroes. They are not TikTok […]

By Lisa López [PDF]

“Abortion is an immoral, base crime; and he who aids and abets in its commission . . . is guilty of an act involving moral turpitude.” “Moral turpitude” is as redundant as the phrase “ATM Machine.” Morality is folded into the concept of “turpitude.” The term—turpitude—itself is old. Its Latin cognate appears as far back […]

By Mara Poulsen [PDF]