“My client came to my office with a loaded gun, burglar’s tools, and a stolen Picasso. These can each be traced to him through fingerprint evidence or in other ways. Theft of the Picasso is headline news, but police say they have no leads. What do I do now?”
A… Read More »
Recently, the Supreme Court has become more concerned with finding the appropriate rationale for its decisions than with its decisions’ substantive effects. In few areas of law is this untimely divorce of rationale and effect more evident than in the Supreme Court’s contemporary Confrontation Clause jurisprudence. Because the Court has… Read More »
The notion of the inviolate home and the paramount importance of constraining government search of the home are cherished tenets of constitutional law and scholarship. The doctrinal solicitude and judicial rhetoric surrounding the home reflect a belief that residential privacy rights are both psychologically and politically vital. This “housing exceptionalism”… Read More »
As with phrenology and the polygraph, society is again confronted with a device that the media claims to be capable of reading our minds. Functional magnetic resonance imaging (“fMRI”), along with other types of functional brain imaging technologies, is currently being introduced at various stages of criminal trials as evidence… Read More »
The possibility of using functional magnetic resonance imaging— fMRI, or “brain scans”—to detect deception in legal settings has generated great controversy and, indeed, widespread resistance. Although neuroscience-based lie-detection appears to hold out the promise of improvements to existing methods of detecting deception, most academic neuroscientists have balked, insisting that the… Read More »
Litigants, attorneys, judges, and jurors are thought to be the main players in the civil litigation system. However, expert witnesses are also required in the vast majority of civil trials. The expert witnesses are the ones who, for instance, tell the factfinder whether a mistake has been made in medical… Read More »
You are sitting in an empty bar (in a town you’ve never before visited), drinking a Bacardi with a soft-spoken acquaintance you barely know. After an hour, a third individual walks into the tavern and sits by himself, and you ask your acquaintance who the new man is. “Be careful… Read More »
Below is a brief introduction to the Legal Workshop project. We hope you enjoy getting to know us, and we welcome your feedback.
Mission:
The Legal Workshop website provides a single online forum for cutting-edge legal scholarship from the top law journals in the country.
The Legal Workshop features… Read More »