The death penalty remains an intensely divisive topic in American society. Recently, there has been a series of cases, first involving defendants with mental retardation and more recently involving juveniles, in which the U.S. Supreme Court has ruled by a five-to-four margin that the death penalty in both these classes violates the Constitution's prohibition against cruel and unusual punishment...

Technology has outgrown the Supreme Court’s Fifth Amendment jurisprudence. This creates two distinct but related challenges. First, the scope of the “foregone conclusion” doctrine, which was originally formulated to address act-of-production issues for paper documents, is ripe for review and clarification now that documents are almost always digital and often encrypted. Second, the question of ...