The Sixth Amendment to the U.S. Constitution guarantees all criminal defendants the right to trial by an impartial jury—a jury that is free of bias and that decides the case solely on the evidence before it. If even one juror is biased or...
Cuisine exists in intellectual property law’s “negative space”: It is relatively unprotected by formal intellectual property (IP) laws, yet creativity and innovation flourish. This runs contrary to the given economic wisdom that propertization is...
This Article is the first to examine the routine—but problematic—practice of courts forgiving prosecutors for failing to disclose Brady evidence if the defendant or his lawyer knew or with due diligence could have known about the evidence. This...
Although human trafficking has gained unprecedented national and international attention and condemnation over the past decade, the legal instruments developed to combat this phenomenon have thus far proved insufficient. In particular, current...
Recent developments in abortion politics and prenatal genetic testing are currently on a collision course that has the potential to change the way we think about reproduction and reproductive rights. In the fall of 2011, the first noninvasive...
The story of equal protection’s demise is a familiar one. It has been decades since any new group has been afforded heightened scrutiny. Even for established protected groups, retrenchment in applicable standards has devitalized meaningful equal...