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Articles 1 - 7 of 7
Full-Text Articles in Law
Bargained Justice: Plea Bargaining's Innocence Problem And The Brady Safety-Valve, Lucian E. Dervan
Bargained Justice: Plea Bargaining's Innocence Problem And The Brady Safety-Valve, Lucian E. Dervan
Law Faculty Scholarship
If any number of attorneys were asked in 2004 whether Lea Fastow’s plea bargain in the Enron case was constitutional, the majority would respond with a simple word – Brady. Yet while the 1970 Supreme Court decision Brady v. United States authorized plea bargaining as a form of American justice, the case also contained a vital caveat that has been largely overlooked by scholars, practitioners, and courts for almost forty years. Brady contains a safety-valve that caps the amount of pressure that may be asserted against defendants by prohibiting prosecutors from offering incentives in return for guilty pleas that are …
Time For The Supreme Court To Address Off-Campus, Online Student Speech, David L. Hudson Jr.
Time For The Supreme Court To Address Off-Campus, Online Student Speech, David L. Hudson Jr.
Law Faculty Scholarship
An essay discussing the need for public school students and officials to know the limits of officials' authority over off-campus, online speech.
An Immigration Crisis In A Nation Of Immigrants: Why Amending The Fourteenth Amendment Won't Solve Our Problems, Alberto R. Gonzales
An Immigration Crisis In A Nation Of Immigrants: Why Amending The Fourteenth Amendment Won't Solve Our Problems, Alberto R. Gonzales
Law Faculty Scholarship
The concerns over another terrorist attack, a sluggish economic recovery, high unemployment rates, and state and local budget deficits have propelled immigration policy to the forefront of political debate in the United States. America’s current approach to immigration is an abject failure, undermining the rule of law and our national security. This has prompted various legislative proposals relating to citizenship, including amending the U.S. Constitution to make clear that children born in the United States to unauthorized immigrants are not entitled to birthright citizenship. The Article presents the reasons why these various state and federal level “solutions” are either ineffective …
We Are Who We Admit: The Need To Harmonize Law School Admission And Professionalism Processes With Bar Admission Standards, Timothy P. Chinaris
We Are Who We Admit: The Need To Harmonize Law School Admission And Professionalism Processes With Bar Admission Standards, Timothy P. Chinaris
Law Faculty Scholarship
This Article argues that there is a need for many law schools to examine their admission processes and make changes designed to ensure that the qualities considered most closely by bar admission authorities are highly valued in law school admission decisions. At the same time, law schools should tailor their student behavior codes and related enforcement mechanisms to better prepare students to practice professionally upon admission to the bar.
International White Collar Crime And The Globalization Of Internal Investigations, Lucian E. Dervan
International White Collar Crime And The Globalization Of Internal Investigations, Lucian E. Dervan
Law Faculty Scholarship
Much has been written about the methods by which counsel may efficiently, thoroughly, and credibly conduct internal investigations. Given the globalization of such matters, however, this article seeks to focus on the challenges present when conducting an internal investigation of potential international white-collar criminal activity. In Part I, this article will examine the challenges of selecting counsel to perform internal investigations abroad. In particular, consideration will be given to global standards regarding the application of the attorney-client privilege and work product protections. In Part II, this article will discuss the influence of data privacy and protection laws in various countries …
Capital Punishment, Cultural Competency, And Litigating Intellectual Disability, Jeffrey Omar Usman
Capital Punishment, Cultural Competency, And Litigating Intellectual Disability, Jeffrey Omar Usman
Law Faculty Scholarship
In an illuminating 2008 article in the Hofstra Law Review, Scharlette Holdman and Christopher Seeds helped to bring the concept of culturally competency much needed attention in the field of capital litigation. They presented a view of cultural competency as “at root a collection of knowledge, abilities, and skills.” Because cultural competency allows for translation across cultures, Holdman and Seeds took the position that this skill is a prerequisite for a capital defense attorney who is representing a client of a different ethnicity, nationality, social group, or subgroup in the mitigation phase of a capital case. While cultural competency discourse …
The Secondary-Effects Doctrine: Stripping Away First Amendment Freedoms, David L. Hudson Jr.
The Secondary-Effects Doctrine: Stripping Away First Amendment Freedoms, David L. Hudson Jr.
Law Faculty Scholarship
An essay on the secondary-effects doctrine and its threat to First Amendment.freedoms.