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How we think about the trial process, and the assumptions and beliefs we bring to bear on that process, shape how litigation is structured. This Comment demonstrates why materiality, and the theory of juridical proof informing that standard of materiality, must be redefined for Brady v. Maryland doctrine and criminal process. First, the Comment delineates the theory of explanationism—the revolutionary paradigm shift unfolding in the theory of legal proof. Explanationism conceptualizes juridical proof as a process in which the factfinder weighs the competing explanations offered by the parties against the evidence and the applicable burden of proof. Applying explanationism to criminal process demonstrates that explanationism not only is the more accurate account of juridical proof, but also better frames the criminal discovery process and ensures due process of law. The next section applies explanationism to Brady doctrine to show that the Supreme Court has tip-toed towards a more explanatory view of Brady v. Maryland but also faltered and lapsed back into a probabilistic inquiry at critical junctures. As a result, the efficacy of Brady is diminished where it is undermined by probabilistic theory or language. As a result, the doctrine should embrace explanationism more wholly. Under explanationism, materiality is determined by assessing whether the suppressed evidence could have been used by the defendant to influence the factfinder when presenting her case. To illustrate this argument and its importance in real-world outcomes, this Comment takes state and federal courts of Texas as a case study. In Texas, probabilistic definitions of materiality have thwarted both Brady doctrine and legislative criminal discovery reform. The case study demonstrates the material consequences for not rethinking materiality. Changing our understanding of materiality is critical to protecting the right to due process of law in our courthouses and state legislatures.

The conservative movement and especially its think tanks play a critical role in denying the reality and significance of anthropogenic global warming (AGW), especially by manufacturing uncertainty over climate science. Books denying AGW are a crucial means of attacking climate science and scientists, and we examine the links between conservative think tanks (CTTs) and 108 climate change denial books published through 2010. We find a strong link, albeit noticeably weaker for the growing number of self-published denial books. We also examine the national origins of the books and the academic backgrounds of their authors or editors, finding that with the help of American CTTs climate change denial has spread to several other nations and that an increasing portion of denial books are produced by individuals with no scientific training. It appears that at least 90% of denial books do not undergo peer review, allowing authors or editors to recycle scientifically unfounded claims that are then amplified by the conservative movement, media, and political elites.

This article reports results from a 1992 Gallup survey conducted in six nations (Canada, USA, Mexico, Brazil, Portugal and Russia) that explored public perceptions of global warming in some detail. Overall the results tend to support those of the small-scale but in-depth studies on which the present study built: Lay publics in these six nations see global warming as a problem, although not as serious as ozone depletion or rain forest destruction. Most people acknowledge that they do not understand global warming very well, and results from questions about the perceived causes and consequences of global warming illustrate their limited understanding. While often confusing global warming with ozone depletion and air pollution, majorities of respondents in all but Russia believe that it is already occurring and large majorities within all nations believe that it will occur within their lifetimes. Furthermore, as discussions of the `risk society' suggest, public perceptions of global warming do not vary consistently across differing social strata within the nations. The article ends by discussing implications of the results, and questions whether detailed public understanding of highly complex issues like global warming is feasible or even necessary for effective policy-making.