Article

Accuracy Where It Matters: Brady v. Maryland in the Plea Bargaining Context

Corinna Barrett Lain
Decided in 1963, Brady v. Maryland imposes on prosecutors a duty to share with defendants information favorable to the defense and material to guilt or punishment. Under Brady and its progeny, prosecutors must disclose impeachment as well as exculpatory information, and are not excused from nondisclosure even if they never received a request for the information or were unaware that the government had it to give. In the analysis below,…
Article

Beyond Erin Brockovich and A Civil Action: Should Strict Products Liability Be the Next Frontier for Water Contamination Lawsuits?

Jim Gash
This Article explores the yet unexplored—the viability of strict products liability against sellers of contaminated water. Part I sets the factual context for the Article, briefly describing the nature and scope of this nation’s groundwater contamination problem, and explains why, though historically ignored, strict products liability may figure prominently in current and future water contamination litigation. Part II sets the legal context for the Article, very briefly outlining the evolution…
Article

Popular Sovereign Generated Versus Government Institution Generated Constitutional Norms: When Does a Constitutional Amendment Not Amend the Constitution?

Carlos E. González
An elementary principle of constitutional law is that a constitutional amendment nullifies, or at least alters, preexisting and conflicting constitutional provisions. Yet should all constitutional amendments have this effect? Can we imagine a scenario in which ratification of a new constitutional amendment would leave preexisting conflicting constitutional provisions fully intact, unaltered, and undisturbed? This Article argues that the best understanding of fundamental adjudicatory principles compels us to recognize just such…
Article

Using Established Medical Criteria to Define Disability: A Proposal to Amend the Americans with Disabilities Act

Serge A. Martinez, W. Paul McKinney and Mark A. Rothstein
Part II of this Article traces the legislative history of the coverage provision of the ADA and of its predecessor statute, the Rehabilitation Act of 1973. It also explores the conceptual underpinnings of the statutory scheme of attempting to cover only individuals with severe disabilities. Part III analyzes the major cases involving coverage under the ADA, including the trilogy of 1999 Supreme Court cases. It traces the consequences of the…
Editor's Note

Editors’ Note

The Editors
Letter to the Editor

Misstatements of Fact in Adam VanGrack’s Student Note: A Letter to the Editors of the Washington University Law Quarterly

Jeffrey Fagan, James S. Liebman and Valerie West
Response

Elevating Form over Substance: A Reply to Professors James Liebman, Jeffrey Fagan and Valerie West

Adam L. VanGrack
VanGrack’s recent Note, Serious Error with “Serious Error”: Repairing A Broken System of Capital Punishment, discussed problems that the author found with the study released in June 2000 by Professors James Liebman, Jeffrey Fagan, and Valerie West entitled A Broken System: Error Rates in Capital Cases. In this response, the author addresses a number of these concerns with the study’s authors in a public forum to elaborate on the previous…
Response

VanGrack’s Explanations: Treating the Truth As a Mere Matter of “Form”

Jeffrey Fagan, James S. Liebman and Valerie West
The inaccuracies in Adam VanGrack’s Note, and new problems with his present explanation, lead us to conclude that it is not useful to exchange views with him in the Washington University Law Quarterly. Beyond all is Mr VanGrack’s dismissal of matters serious enough to trigger an extraordinary instruction to explain himself in print, and to prompt him to rescind statements published only a few months ago, as mere “semantic complaints.”…