Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (16)
- SelectedWorks (9)
- Fordham Law School (8)
- Roger Williams University (6)
- Touro University Jacob D. Fuchsberg Law Center (6)
-
- Maurer School of Law: Indiana University (5)
- The University of Akron (4)
- Texas A&M University School of Law (3)
- University of Tennessee College of Law (3)
- Osgoode Hall Law School of York University (2)
- University of Missouri School of Law (2)
- Barry University School of Law (1)
- DePaul University (1)
- Florida State University College of Law (1)
- Georgetown University Law Center (1)
- Nova Southeastern University (1)
- Pace University (1)
- Schulich School of Law, Dalhousie University (1)
- The Catholic University of America, Columbus School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Baltimore Law (1)
- University of Connecticut (1)
- University of Kentucky (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Massachusetts School of Law (1)
- Keyword
-
- Legal Profession (10)
- Race (8)
- Lawyers (7)
- Judges (6)
- Justice (6)
-
- Courts (5)
- Law and Society (5)
- Crime (4)
- Legal Education (4)
- Legal History (4)
- Canada (3)
- Comparative and Foreign Law (3)
- Criminal Law and Procedure (3)
- Criminal law (3)
- Diversity (3)
- Equality (3)
- Ethics (3)
- First Amendment (3)
- Fourteenth Amendment (3)
- Human Rights Law (3)
- Legal education (3)
- Politics (3)
- Professional Ethics (3)
- State and Local Government Law (3)
- Violence (3)
- Adversarial system (2)
- Advocacy (2)
- American legal system (2)
- Attorney general (2)
- Berger (2)
- Publication
-
- Fordham Law Review (8)
- Touro Law Review (5)
- Akron Law Review (4)
- Faculty Scholarship (4)
- Indiana Law Annotated (3)
-
- Life of the Law School (1993- ) (3)
- Tennessee Law Review (3)
- Articles & Book Chapters (2)
- Clark D. Cunningham (2)
- James E. Moliterno (2)
- Nehal A. Patel (2)
- Russell D. Covey (2)
- Transcript (2)
- Adam Lamparello (1)
- All Faculty Scholarship (1)
- Ana Maria Vargas Falla (1)
- Andrea A. Curcio (1)
- Annual Magazines (1)
- Articles by Maurer Faculty (1)
- Dalhousie Law Journal (1)
- Ergo (1)
- Faculty Articles and Papers (1)
- Florida State University Law Review (1)
- Gary J Kowaluk (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Harry Arthurs (1)
- Hugh Mundy (1)
- Jaimie K. McFarlin (1)
- Kathryn J. Kennedy (1)
- Kiran Sidhu (1)
- Publication Type
- File Type
Articles 1 - 30 of 78
Full-Text Articles in Entire DC Network
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
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
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
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
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
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
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
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
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
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
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)
Newsroom: Judge Clifton On Fairness, Equality, Rwu Law, Roger Williams University School Of Law
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
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
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)
Indigenous Lawyers In Canada: Identity, Professionalization, Law, Sonia Lawrence, Signa A. Daum Shanks
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 …