LATEST SCHOLARSHIP

Discovery From the Trenches: The Future of Brady

The so-called “due diligence” rule, which excuses prosecutors’ compliance with Brady v. Maryland if the defense could have obtained the exculpatory evidence on its own, is only a symptom of the greater problem ailing the American criminal justice...

Disaggregating Disasters

In the years since the September 11 attacks, scholars and commentators have criticized the emergence of both legal developments and policy rhetoric that blur the lines between war and terrorism. Unrecognized, but equally as damaging to democratic...