Utah Law Review 2012 Number 1

TABLE OF CONTENTS ARTICLES Law, Fact, and Discretion in the Federal Courts: An Empirical Study Robert Anderson IV 1 Bargained Justice: Plea-Bargaining's Innocence Problem and the Brady Safety-Valve Lucian E. Dervan; Recantations Reconsidered: A New Framework for Righting Adam Heder & Wrongful Convictions Michael Goldsmith; Remedying the Misuse of Nature Sanne H. Knudsen; Due Process Denied: The Forgotten Constitutional Limits on Choice of Law in the Enforcement of Employee Covenants Not to Compete David A. Linehan; The Penguin and the Cartel: Rethinking Antitrust and Innovation Policy for the Age of Commercial Open Source Stephen M. Maurer; Class Action Defendants' New Lochnerism Mark Moller; A Minimalist Approach to Same-Sex Divorce: Respecting States that Permit Same-Sex Marriages and States that Refuse to Recognize Them Robert E. Rains; The Common Law of Disability Discrimination Mark C. Weber; NOTES E-Verify During a Period of Economic Recovery and High Unemployment Emily Patten; Incentive for Innovation or Invitation to Inhumanity?: A Human Rights Analysis of Gene Patenting and the Case of Myriad Genetics Laurie E. Abbot