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Inter Arma Enim Non Silent Leges

There is good reason to think that law and war have nothing to do with one another, and this has certainly been so for most of the lifetime of mankind.  Cicero’s famous observation—silent enim leges inter arma—from which I take my title, was not a novel insight when...

Constitutional Law—Ninth Circuit Effectively Precludes Future Findings of Brady Violations in the Absence of a Conviction—Smith v. Almada, 640 F.3d 931 (9th Cir. 2011)

When analyzing a claim under 42 U.S.C § 1983 that the government withheld exculpatory evidence from a criminal defendant, courts typically use the Fifth or Fourteenth Amendment’s due process standard as articulated in the iconic 1963 case of Brady v. Maryland.  In...