Jenia I. Turner & Allison D. Redlich, Citation: Jenia I. Turner & Allison D. Redlich, Two Models of Pre-Plea Discovery in Criminal Cases: An Empirical Comparison, 73 Wash. & Lee L. Rev. 285 (2016).
Our criminal justice system resolves most of its cases through plea bargains. Yet the U.S. Supreme Court has not required that any evidence, even exculpatory or impeachment evidence, be provided to the defense before a guilty plea. As a result, state rules on pre-plea discovery differ widely. While some jurisdictions follow an “open-file” model, imposing […]
Sam Kamin & Viva R. Moffat, Citation: Sam Kamin & Viva R. Moffat, Trademark Laundering, Useless Patents, and Other IP Challenges for the Marijuana Industry, 73 Wash. & Lee L. Rev. 217 (2016).
Lisa Kern Griffin, Citation: Lisa Kern Griffin, Criminal Adjudication, Error Correction, and Hindsight Blind Spots, 73 Wash. & Lee L. Rev. 165 (2016).
Concerns about hindsight in the law typically arise with regard to the bias that outcome knowledge can produce. But a more difficult problem than the clear view that hindsight appears to provide is the blind spot that it actually has. Because of the conventional wisdom about error review, there is a missed opportunity to ensure […]
Jenny-Brooke Condon, Citation: Jenny-Brooke Condon, The Preempting of Equal Protection for Immigrants?, 73 Wash. & Lee L. Rev. 77 (2016).
Recent debates about immigration have focused overwhelmingly on unauthorized migration and the respective roles of the federal and state governments in enforcing immigration law. But that emphasis in law and theory has obscured a critical civil rights question of our time: what measure of equality is due to those with the opportunity to abide by […]
Jane B. Baron, Citation: Jane B. Baron, Irresolute Testators, Clear and Convincing Wills Law, 73 Wash. & Lee L. Rev. 3 (2016).
Controversial recent wills law reforms, embodied in new provisions of both the Uniform Probate Code and the Restatement of Property, excuse so-called harmless errors in will execution and permit judicial correction of erroneous terms in a will or trust. Both reforms pose evidentiary dangers, as proof of the error must come from outside the attested […]
Student Notes Colloquium
John J. Miles, Citation: John J. Miles, The Meaning of "Direct" Effect on Domestic Commerce Under the Foreign Trade Antitrust Improvements Act, 73 Wash. & Lee L. Rev. 541 (2016).
J. Franck Hogue, Citation: J. Franck Hogue, Recalling First Principles: The Importance of Comity in Avoiding Antitrust Imperialism, 73 Wash. & Lee L. Rev. 533 (2016).
Claire L. Leonard, Citation: Claire L. Leonard, In Need of Direction: An Evaluation of the "Direct Effect" Requirement Under Foreign Trade Antitrust Improvements Act, 73 Wash. & Lee L. Rev. 489 (2016).
Mark Rush, Citation: Mark Rush, A Curious Call for More Judicial Activism: Comment on Alexandra Klein's "The Freedom to Pursue a Common Calling", 73 Wash. & Lee L. Rev. 477 (2016).
Paul L. Larkin Jr. , Citation: Paul J. Larkin Jr., A Tale of Two Cases, 73 Wash. & Lee L. Rev. 467 (2016).
Alexandra L. Klein, Citation: Alexandra L. Klein, The Freedom to Pursue a Common Calling: Applying Intermediate Scrutiny to Occupational Licensing Statutes, 73 Wash. & Lee L. Rev. 411 (2016).