The Yale Law Journal

Elizabeth Napier Dewar


A Fair Trial Remedy for Brady Violations

Elizabeth Napier Dewar

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 instru…


The Inadequacy of Fiscal Constraints as a Substitute for Proportionality Review

Elizabeth Napier Dewar

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 "in…