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2015

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Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel Dec 2015

Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel

Nehal A. Patel

AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …


Foreword: Legal Malpractice Is No Longer The Profession's Dirty Little Secret, Susan Saab Fortney Dec 2015

Foreword: Legal Malpractice Is No Longer The Profession's Dirty Little Secret, Susan Saab Fortney

Faculty Scholarship

In 1994, Professor Manuel R. Ramos published a law review article called, Legal Malpractice: The Profession's Dirty Little Secret. As suggested by the title, Professor Ramos argued that legal malpractice was a "taboo subject" that has been "ignored by the legal profession, law schools, mandatory continuing legal education ("CLE") programs, and even by scholarly and lay publications." Thirty years later, legal malpractice is an ever-present threat that lawyers cannot afford to ignore.


Georgia's Public Service Bar Exam Alternative, Andrea A. Curcio, Clark D. Cunningham Nov 2015

Georgia's Public Service Bar Exam Alternative, Andrea A. Curcio, Clark D. Cunningham

Andrea A. Curcio

No abstract provided.


Georgia's Public Service Bar Exam Alternative, Andrea A. Curcio, Clark D. Cunningham Nov 2015

Georgia's Public Service Bar Exam Alternative, Andrea A. Curcio, Clark D. Cunningham

Clark D. Cunningham

No abstract provided.


Fixed Justice: Reforming Plea-Bargaining With Plea-Based Ceilings, Russell D. Covey Nov 2015

Fixed Justice: Reforming Plea-Bargaining With Plea-Based Ceilings, Russell D. Covey

Russell D. Covey

The ubiquity of plea bargaining creates real concern that innocent defendants are occasionally, or perhaps even routinely, pleading guilty to avoid coercive trial sentences. Pleading guilty is a rational choice for defendants as long as prosecutors offer plea discounts so substantial that trial is not a rational strategy regardless of guilt or innocence. The long-recognized solution to this problem is to enforce limits on the size of the plea/trial sentencing differential. As a practical matter, however, discount limits are unenforceable if prosecutors retain ultimate discretion over charge selection and declination. Because the doctrine of prosecutorial charging discretion is immune to …


Longitudinal Guilt: Repeat Offenders, Plea Bargaining, And The Variable Standard Of Proof, Russell D. Covey Nov 2015

Longitudinal Guilt: Repeat Offenders, Plea Bargaining, And The Variable Standard Of Proof, Russell D. Covey

Russell D. Covey

This Article introduces a new concept-“longitudinal guilt”-which invites readers to reconsider basic presuppositions about the way our criminal justice system determines guilt in criminal cases. In short, the idea is that a variety of features of criminal procedure, most importantly, plea bargaining, conspire to change the primary “truthfinding mission” of criminal law from one of adjudicating individual historical cases to one of identifying dangerous “offenders.” This change of mission is visible in the lower proof standards we apply to repeat criminal offenders. The first section of this Article explains how plea bargaining and graduated sentencing systems based on criminal history …


Video: May It Please The Court: Techniques For Persuasive Witness Testimony, Mark Dobson, Jayme Cassidy, Maxine Streeter Nov 2015

Video: May It Please The Court: Techniques For Persuasive Witness Testimony, Mark Dobson, Jayme Cassidy, Maxine Streeter

NSU Law Seminar Series

Success at trial depends on preparation and practice. Knowing the law and the facts of the case is important. Knowing how to present persuasive witness testimony at trial and how to speak to the Court and jury in an ethical and professional manner is even more important. Learn techniques to prepare witnesses and yourself for successful handling of direct, cross-exam, and objections to achieve your goals at trial. Our panel will direct an interactive role-play session.


For Law Review Citations, Are All Citators Created Equal? A Comparison Of Four Citators, Pamela C. Brannon Nov 2015

For Law Review Citations, Are All Citators Created Equal? A Comparison Of Four Citators, Pamela C. Brannon

Pamela Brannon

No abstract provided.


Law School Of The Future: Centre Of Cutting-Edge Practice?, Clark Cunningham Nov 2015

Law School Of The Future: Centre Of Cutting-Edge Practice?, Clark Cunningham

Clark D. Cunningham

No abstract provided.


Legal Beagle's Blog Archive For November 2015, Roger Williams University School Of Law Nov 2015

Legal Beagle's Blog Archive For November 2015, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Vol. 49, No. 09 (October 26, 2015) Oct 2015

Vol. 49, No. 09 (October 26, 2015)

Indiana Law Annotated

No abstract provided.


Newsroom: Judge Clifton On Fairness, Equality, Rwu Law, Roger Williams University School Of Law Oct 2015

Newsroom: Judge Clifton On Fairness, Equality, Rwu Law, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Dead Parrot: Does Professional Self-Regulation Exhibit Vital Signs?, Harry W. Arthurs Oct 2015

The Dead Parrot: Does Professional Self-Regulation Exhibit Vital Signs?, Harry W. Arthurs

Harry Arthurs

Self-governance of the legal profession, and the promulgation and enforcement of a code of professional conduct are usually justified by arguments from principle, practicality and past practice. None of these can be sustained However, if professional self-governance were replaced by governmental or judicial regulation, the operational norms of professional conduct - the way lawyers actually behave - would likely not change very much. In fact, formal regulation, by whatever means, is not a major determinant of conduct that can be characterized as unethical. Rather, such conduct is largely determined by the personal characteristics of the individual lawyer, the professional circumstances …


Public Defenders And Appointed Counsel In Criminal Appeals: The Iowa Experience, Tyler J. Buller Oct 2015

Public Defenders And Appointed Counsel In Criminal Appeals: The Iowa Experience, Tyler J. Buller

The Journal of Appellate Practice and Process

No abstract provided.


Volume 39, Issue 2 (Fall 2015) Oct 2015

Volume 39, Issue 2 (Fall 2015)

Transcript

No abstract provided.


Indigenous Lawyers In Canada: Identity, Professionalization, Law, Sonia Lawrence, Signa A. Daum Shanks Oct 2015

Indigenous Lawyers In Canada: Identity, Professionalization, Law, Sonia Lawrence, Signa A. Daum Shanks

Articles & Book Chapters

For Indigenous communities and individuals in Canada, "Canadian" law has been a mechanism of assimilation, colonial governance and dispossession, a basis for the assertion of rights, and a method of resistance. How do Indigenous lawyers in Canada make sense of these contradictory threads and their roles and responsibilities? This paper urges attention to the lives and experiences of Indigenous lawyers, noting that the number of self-identified Indigenous lawyers has been rapidly growing since the 1990s. At the same time, Indigenous scholars are focusing on the work of revitalizing Indigenous law and legal orders. Under these conditions, Indigenous lawyers occupy a …


Indigenous Lawyers In Canada: Identity, Professionalization, Law, Sonia Lawrence, Signa Daum Shanks Oct 2015

Indigenous Lawyers In Canada: Identity, Professionalization, Law, Sonia Lawrence, Signa Daum Shanks

Dalhousie Law Journal

For Indigenous communities and individuals in Canada, "Canadian" law has been a mechanism of assimilation, colonial governance and dispossession, a basis for the assertion of rights, and a method of resistance. How do Indigenous lawyers in Canada make sense of these contradictory threads and their roles and responsibilities? This paper urges attention to the lives and experiences of Indigenous lawyers, noting that the number of self-identified Indigenous lawyers has been rapidly growing since the 1990s. At the same time, Indigenous scholars are focusing on the work of revitalizing Indigenous law and legal orders. Under these conditions, Indigenous lawyers occupy a …


Promoting Inclusion Through Exclusion: Higher Education's Assault On The First Amendment, Adam Lamparello Sep 2015

Promoting Inclusion Through Exclusion: Higher Education's Assault On The First Amendment, Adam Lamparello

Adam Lamparello

To obtain a meaningful educational experience and achieve the benefits of a diverse student body, students should confront beliefs they find abhorrent and discuss topics that bring discomfort. As it stands now, universities are transforming classrooms and campuses into sanctuaries for the over-sensitive and shelters for the easily-offended. In so doing, higher education is embracing a new, and bizarre, form of homogeneity that subtly coerces faculty members and students into restricting, not expressing, their views, and creating a climate that favors less, not more, expressive conduct. This approach undermines First Amendment values and further divorces higher education from the real …


Newsroom: A Master's In Law For Non-Lawyers, Roger Williams University School Of Law Sep 2015

Newsroom: A Master's In Law For Non-Lawyers, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Judicial Rhetoric & Lawyers' Roles, Samuel J. Levine Sep 2015

Judicial Rhetoric & Lawyers' Roles, Samuel J. Levine

Samuel J. Levine

Notwithstanding the rich scholarly literature debating the proper roles of lawyers and the precise contours of lawyers’ ethical conduct, as a descriptive matter, the American legal system operates as an adversarial system, premised in part upon clear demarcations between the functions of different lawyers within the system. Broadly speaking, prosecutors have the distinct role of serving justice, which includes the duty to try to convict criminal defendants who are deserving of punishment, in a way that is consistent with both substantive and procedural justice. In contrast, private attorneys have a duty to zealously represent the best interests of their clients, …


Building A More Critical Lens Into The Five Habits Of Cross-Cultural Lawyering, Kiran Sidhu Sep 2015

Building A More Critical Lens Into The Five Habits Of Cross-Cultural Lawyering, Kiran Sidhu

Kiran Sidhu

No abstract provided.


Legal Thinking, The Adversarial Process And Exonerating Innocent Defendants: A Socio-Legal View Of The Wrongful Conviction Process., Gary J. Kowaluk Aug 2015

Legal Thinking, The Adversarial Process And Exonerating Innocent Defendants: A Socio-Legal View Of The Wrongful Conviction Process., Gary J. Kowaluk

Gary J Kowaluk

Little is as frustrating as advocating the release of an innocent defendant who has been wrongfully convicted. Surprisingly, most of the wrongfully convicted fail to overturn their cases through the courts, and rely on government officials and prosecutor’s to find other ways to release them from custody. Too often the wrongful conviction process leaves lawyers and judges arguing to legally support injustices in the face of a practical common sense indicating a defendant’s innocence. This paper is an attempt to understand the tendency of legal professionals to argue against remedying a wrongful conviction in favor of the continued social injustice …


Criminal Justice Act Of 1964; State Malpractice Suit Against Appointed Counsel; Ferri V. Ackerman, Sandra J. Branda Jul 2015

Criminal Justice Act Of 1964; State Malpractice Suit Against Appointed Counsel; Ferri V. Ackerman, Sandra J. Branda

Akron Law Review

The United States Supreme Court in Ferri v. Ackerman reversed the Pennsylvania Supreme Court and held that an attorney appointed by a federal judge to represent an indigent defendant in a federal criminal trial is not, as a matter of federal law, entitled to absolute immunity in a state malpractice suit brought against him by his former client. In a unanimous opinion, the Court decided that the function of appointed counsel is more closely analogous to that of private retained counsel, who enjoy no immunity from malpractice prosecution than to that of judges and prosecutors who have traditionally been accorded …


Book Review: To Set The Record Straight By Judge John J. Sirica, Richard L. Aynes Jul 2015

Book Review: To Set The Record Straight By Judge John J. Sirica, Richard L. Aynes

Akron Law Review

One of the recent and more worthy accounts is that presented by Washington D.C. District Court Judge John Sirica in his To Set the Record Straight. Judge Sirica's sixteen chapters generally cover five topics: 1) a prologue outlining his early experiences and how he attained his position of federal district judge; 2) the first Watergate break-in trial; 3) Judge Sirica's attempt to "break" the silence of the cover-up following the initial proceeding; 4) the controversy over the production of the Presidential tapes; and, 5) the ultimate trials of Nixon administration officials for conspiracy to obstruct justice.


The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan Jul 2015

The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan

Trevor J Calligan

No abstract provided.


It's Not Just For Death Cases Anymore: How Capital Mitigation Investigation Can Enhance Experiential Learning And Improve Advocacy In Law School Non-Capital Criminal Defense Clinics, 50 Cal. W. L. Rev. 31 (2013), Hugh Mundy Jul 2015

It's Not Just For Death Cases Anymore: How Capital Mitigation Investigation Can Enhance Experiential Learning And Improve Advocacy In Law School Non-Capital Criminal Defense Clinics, 50 Cal. W. L. Rev. 31 (2013), Hugh Mundy

Hugh Mundy

As this article proposes, law school criminal defense clinics provide an excellent environment to design and implement a non-capital mitigation investigation protocol based on the techniques used in death penalty cases. From a pedagogical perspective, such a model promotes student development of foundational lawyering skills and values, especially in the vital area of “narrative thinking characteristic of everyday practice.” From a pragmatic standpoint, creation of a mitigation investigation model benefits clinic clients and boosts the likelihood that similar investigative methods will become a staple of the student's post-graduate practice. Part I charts the evolution of capital mitigation investigation and highlights …


Hélène Cixous's The Perjured City: Nonprosecution Alternatives To Collective Violence, Susan Ayres Jul 2015

Hélène Cixous's The Perjured City: Nonprosecution Alternatives To Collective Violence, Susan Ayres

Susan Ayres

In instances of collective violence — apartheid in South Africa, mass killings in Rwanda, and other crimes against humanity such as slavery — what response provides justice? How can justice be achieved under such a system? Legal justice through prosecution would be unjust. This opens the possibility of nonprosecution alternatives involving forgiveness. Hélène Cixous’s play about forgiveness as an alternative to criminal prosecution, The Perjured City: Or, the Awakening of the Furies, was written in response to an actual case of failed justice in France, known as the Bad Blood Scandal. The play provides a model of forgiveness and a …


Financing Ohio Supreme Court Elections 1992-2002: Campaign Finance And Judicial Selection, Nancy Marion, Rick Farmer, Todd Moore Jul 2015

Financing Ohio Supreme Court Elections 1992-2002: Campaign Finance And Judicial Selection, Nancy Marion, Rick Farmer, Todd Moore

Akron Law Review

The 2000 Ohio Supreme Court election renewed interest in judicial selection reform. The election was noted for interest group issue advocacy and undisclosed campaign spending. Advocacy groups spent millions attempting to unseat incumbent Justice Alice Robie Resnick, leaving the impression that Ohio justice is controlled by special interests and trial lawyers. The uses of negative campaigning and issue advocacy seemed to confirm suspicions that the Ohio Supreme Court had become dependent on campaign contributions from those with cases before the court. After the election, legal academics and public interest organizations began discussing changes to Ohio’s semi-partisan system. Legal scholarship focused …


A Dean For All Seasons, Steven H. Goldberg Jul 2015

A Dean For All Seasons, Steven H. Goldberg

Pace Law Review

The average tenure of a law school dean in the United States is three years, in large part because the task is both eclectic and difficult. Michelle Simon, the longest tenured Dean at our law school, was able to surpass that average because she was a dean for all seasons: Leadership and care of faculty; attention to student concerns; financial acumen; curricular relevance; keeping the day-to-day operation of a multi-faceted institution on track; maintaining a close but arms-length relationship with the university; and managing external relations on all fronts.


The Prioritization Of Criminal Over Civil Counsel And The Discounted Danger Of Private Power, Kathryn A. Sabbeth Jul 2015

The Prioritization Of Criminal Over Civil Counsel And The Discounted Danger Of Private Power, Kathryn A. Sabbeth

Florida State University Law Review

This Article seeks to make two contributions to the literature on the role of counsel. First, it brings together civil Gideon research and recent studies of collateral consequences. Like criminal convictions, civil judgments result in far-reaching collateral consequences, and these should be included in any evaluation of the private interests that civil lawyers protect. Second, this Article argues that the prioritization of criminal defense counsel over civil counsel reflects a mistaken view of lawyers’ primary role as a shield against government power. Lawyers also serve a vital role in checking the power of private actors. As private actors increasingly take …