Elizabeth Napier Dewar
A Fair Trial Remedy for Brady Violations
115 Yale L.J. 1450 (2006) This Note proposes a new remedy for criminal defendants when the government fails to fulfill its constitutional duty to disclose favorable evidence. When evidence that should have been disclosed earlier emerges during or shortly before trial, the court should consider instructing the jury on the duty to disclose and allowing the defendant to argue that...
The Inadequacy of Fiscal Constraints as a Substitute for Proportionality Review
114 Yale L.J. 1177 (2005) The Constitution does not prohibit "everything that is intensely undesirable." In particular, Justice Scalia argues, the Eighth Amendment does not prohibit disproportionately long prison sentences. Yet Scalia seems to offer some consolation to those who worry about the "intensely undesirable" prospect of disproportionate punishments: He implies that the cost of incarceration acts as a check...