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Articles 61 - 85 of 85
Full-Text Articles in Law
Plea Bargaining, Discovery, And The Intractable Problem Of Impeachment Disclosures, R. Michael Cassidy
Plea Bargaining, Discovery, And The Intractable Problem Of Impeachment Disclosures, R. Michael Cassidy
R. Michael Cassidy
In a criminal justice system where guilty pleas are the norm and trials the rare exception, the issue of how much discovery a defendant is entitled to before allocution has immense significance. This article examines the scope of a prosecutor’s obligation to disclose impeachment information before a guilty plea. This question has polarized the criminal bar and bedeviled the academic community since the Supreme Court’s controversial decision in United States v. Ruiz (2002). A critical feature of the debate has been the enduring schism between a prosecutor’s legal and ethical obligations – a gulf that the American Bar Association recently …
Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless
Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless
Rebecca Sharpless
The ill-defined law-fact distinction often stands as the gatekeeper to judicial review of an agency deportation order, restricting non-citizens facing deportation to raising only questions of law when appearing before an appellate court. The restriction on review most affects cases whose dispositions typically turn on the resolution of factual issues, including claims under Article 3 of the Convention Against Torture and claims for discretionary relief from deportation like cancellation of removal. Convention Against Torture claims, for example, often involve extensive fact-finding on the part of the immigration judge regarding conditions in the applicant’s home country and the applicant’s personal circumstances. …
Lawyers And Fundamental Moral Responsibility, R. Michael Cassidy, Daniel Coquillette, Judith Mcmorrow
Lawyers And Fundamental Moral Responsibility, R. Michael Cassidy, Daniel Coquillette, Judith Mcmorrow
R. Michael Cassidy
The materials in this book are organized around specific problems designed to encourage and focus class discussion. There are two other inherent organizing principles of the materials in this book. First, the philosophical materials are in the rough order in which the ideas themselves evolved in the history of philosophy. The materials have been revised since the book first was published in 1995 to address some of the burning ethical problems of our day, including terrorism, national security, and abuse of government power. The Second Edition also is reorganized to assist students to better appreciate philosophical theories underpinning discourse about …
Professional Responsibility, James Moliterno
Introduction To Law, Law Study, And The Lawyer's Role, James Moliterno, Fredric Lederer
Introduction To Law, Law Study, And The Lawyer's Role, James Moliterno, Fredric Lederer
James E. Moliterno
No abstract provided.
Massachusetts Legal Research, E. Joan Blum
Massachusetts Legal Research, E. Joan Blum
E. Joan Blum
Massachusetts Legal Research is a concise guide to researching Massachusetts law and to the general process of legal research. Its intended audience includes law students as well as practitioners and paralegals. Extensive treatment of the research process—with Massachusetts and federal examples—makes this book suitable as a stand-alone text for an introductory legal research course. Chapters discussing how to locate and use specific Massachusetts sources make this book a useful quick reference guide for the Massachusetts lawyer or paralegal.
Federal Criminal Discovery: Handbook Regarding Exculpatory & Impeachment Material, R. Michael Cassidy, Douglas Woodlock, Leo Sorokin
Federal Criminal Discovery: Handbook Regarding Exculpatory & Impeachment Material, R. Michael Cassidy, Douglas Woodlock, Leo Sorokin
R. Michael Cassidy
No abstract provided.
A Methodology For Mentoring Writing In Law Practice: Using Textual Clues To Provide Effective And Efficient Feedback, Jane Gionfriddo, Daniel Barnett, E. Joan Blum
A Methodology For Mentoring Writing In Law Practice: Using Textual Clues To Provide Effective And Efficient Feedback, Jane Gionfriddo, Daniel Barnett, E. Joan Blum
Jane Kent Gionfriddo
Becoming a successful legal writer is a process that begins in law school and continues intensively during the beginning years of a lawyer's career. Throughout this process, in both contexts, a writer benefits enormously from feedback on his analysis, and how that analysis is conveyed, from those more experienced. Much has been written about how legal educators should respond to student written work, yet little addresses the role that supervising attorneys can play in mentoring the writing of less experienced colleagues. This article therefore proposes a methodology to help supervisor-mentors provide, in an efficient manner, effective feedback on junior lawyers' …
Monograph Series Of The Legal Writing Institute, Jane Gionfriddo
Monograph Series Of The Legal Writing Institute, Jane Gionfriddo
Jane Kent Gionfriddo
Editor-in-Chief, Monograph Series of the Legal Writing Institute, 2008 to 2010
Christians In The American Empire: Faith And Citizenship In The New World Order, Vincent Rougeau
Christians In The American Empire: Faith And Citizenship In The New World Order, Vincent Rougeau
Vincent D. Rougeau
What does it mean to be a Christian citizen of the United States today? This book challenges the argument that the United States is a Christian nation, and that the American founding and the American Constitution can be linked to a Christian understanding of the state and society. Vincent Rougeau argues that the United States has become an economic empire of consumer citizens, led by elites who seek to secure American political and economic dominance around the world. Freedom and democracy for the oppressed are the public themes put forward to justify this dominance, but the driving force behind American …
Toward A True Elements Test: Taylor And The Categorical Analysis Of Crimes In Immigration Law, Rebecca Sharpless
Toward A True Elements Test: Taylor And The Categorical Analysis Of Crimes In Immigration Law, Rebecca Sharpless
Rebecca Sharpless
When determining the legal effect of a conviction under immigration law, adjudicators claim to apply a uniform, federal standard that prohibits fact finding regarding the underlying circumstances that gave rise to the conviction. This categorical analysis of crimes is firmly rooted in all levels of administrative and federal court case law. Yet fundamental confusion exists concerning what it means to apply a categorical approach to evaluating when a criminal conviction is of a type that triggers deportation. This article demonstrates that a source of this confusion is a misunderstanding of the nature of a conviction and the difference between a …
Thinking Like A Lawyer: The Heuristics Of Case Synthesis, Jane Gionfriddo
Thinking Like A Lawyer: The Heuristics Of Case Synthesis, Jane Gionfriddo
Jane Kent Gionfriddo
In a common law system where cases play such an important role in legal problem-solving, lawyers must be able to synthesize ideas from groups of cases to figure out a jurisdiction's law at a particular point in time; in reality, however, many lawyers aren't able to do so well enough for sophisticated law practice. Some lawyers understand and use this skill intuitively, but do not consciously think about the steps they actually take. Those in this group often do not sufficiently value case synthesis because it seems so obvious, with the result that they don't necessarily use this skill to …
Global Issues In Legal Ethics, James Moliterno, George Harris
Global Issues In Legal Ethics, James Moliterno, George Harris
James E. Moliterno
No abstract provided.
[Contributing Author], Jane Gionfriddo
[Contributing Author], Jane Gionfriddo
Jane Kent Gionfriddo
The aim of the Sourcebook on Legal Writing Programs establishes the parameters and common features that define successful programs for teaching legal writing skills in law school and to help improve the quality of legal writing programs across the country. The Sourcebook is the primary reference source for those designing, directing and teaching in legal writing programs.
Prosecutorial Ethics, R. Michael Cassidy
Prosecutorial Ethics, R. Michael Cassidy
R. Michael Cassidy
This casebook explores the ethical responsibilities of a prosecutor at each stage of the criminal justice process. Focusing on ethical and constitutional constraints on prosecutorial discretion, the texts covers both Supreme Court decisions interpreting Fifth and Sixth Amendment guarantees and state rules of attorney conduct. Topics discussed include a prosecutor’s conduct during criminal investigations, charging decisions, grand jury practice, interviewing and contacting witnesses, plea bargaining, jury selection, trial conduct, and publicity. Each chapter is followed by real-world hypotheticals designed to introduce students to the ethical dilemmas typically encountered by government lawyers in criminal practice. This book is suitable for use …
Clarifying The Law On Post-Employment Covenants, E. Joan Blum
Clarifying The Law On Post-Employment Covenants, E. Joan Blum
E. Joan Blum
No abstract provided.
Introduction To The Civil Procedure Puzzle, Robert Bloom
Introduction To The Civil Procedure Puzzle, Robert Bloom
Robert M. Bloom
No abstract provided.
'Soft Words Of Hope:' Giglio, Accomplice Witnesses, And The Problem Of Implied Inducements, R. Michael Cassidy
'Soft Words Of Hope:' Giglio, Accomplice Witnesses, And The Problem Of Implied Inducements, R. Michael Cassidy
R. Michael Cassidy
Many scholars have criticized the government's practice of rewarding accomplices with leniency in exchange for their cooperation in criminal cases, because such practice provides the accomplice with a tremendous inducement to fabricate in order to curry favor with the government. To date, however, no commentators have approached the complex problem of accomplice fabrication from the perspective of criminal discovery. In the enclosed article, the author takes a fresh look at the subject of accomplice testimony, and argues that what are needed are not further restrictions on the circumstances in which an accomplice may testify, but rather a more vigorous enforcement …
Ethics Of The Lawyer's Work, James Moliterno
Sharing Sacred Secrets: Is It (Past) Time For A Dangerous Person Exception To The Clergy-Penitent Privilege?, R. Michael Cassidy
Sharing Sacred Secrets: Is It (Past) Time For A Dangerous Person Exception To The Clergy-Penitent Privilege?, R. Michael Cassidy
R. Michael Cassidy
In this article, the author discusses the important and previously unexplored topic of whether the law should recognize a future harms exception to the clergy-penitent privilege, similar to that recognized in the area of psychotherapist-patient and attorney-client privileges. After tracing the origins and current application of the clergy-penitent privilege in America, the author discusses how the privilege as currently applied in most states admits of no exceptions, and is unnecessarily expansive in breadth. Using the hypothetical of a homicidal spouse who reveals to his minister an intent to murder his wife, the article compares the ethical and legal duties of …
What Bush's Litigation Teaches Us About Compassionate Conservatism, Sharon Beckman
What Bush's Litigation Teaches Us About Compassionate Conservatism, Sharon Beckman
Sharon Beckman
No abstract provided.
Professional Responsibility, James Moliterno
Co-Editor: The Second Draft: Bulletin Of The Legal Writing Institute (1994-2000), E. Joan Blum, Jane Kent Gionfriddo
Co-Editor: The Second Draft: Bulletin Of The Legal Writing Institute (1994-2000), E. Joan Blum, Jane Kent Gionfriddo
E. Joan Blum
With Jane Kent Gionfriddo, editors. The Second Draft: Bulletin of the Legal Writing Institute 9-14 (1994-2000).
The Second Draft: Bulletin Of The Legal Writing Institute, Jane Gionfriddo, E. Joan Blum
The Second Draft: Bulletin Of The Legal Writing Institute, Jane Gionfriddo, E. Joan Blum
Jane Kent Gionfriddo
With E. Joan Blum, editors. The Second Draft: Bulletin of the Legal Writing Institute 9-14 (1994-2000).
Massachusetts Grand Jury Practice, R. Michael Cassidy
Massachusetts Grand Jury Practice, R. Michael Cassidy
R. Michael Cassidy
No abstract provided.