Authoruclalaw

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 prejudiced, the defendant is denied this fundamental right. Federal Rule of Evidence 606(b) generally prohibits jurors from testifying as to what occurred...

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 required to incentivize creation. Community norms and the first-mover advantage help to explain how cuisine thrives in this low-IP equilibrium. However...

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 Article begins by explaining the insidious emergence of the “due diligence” rule and catalogs how courts have defined, justified, and applied the rule...

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 efforts help an alarmingly small number of individuals out of the multitudes currently understood as falling under the category of trafficked persons, and...

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 prenatal genetic test for Down syndrome entered the commercial market, offering highly accurate prenatal genetic tests from a sample of a pregnant woman’s...