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Full-Text Articles in Law
Facing The Unfaceable: Dealing With Prosecutorial Denial In Postconviction Cases Of Actual Innocence, Aviva Orenstein
Facing The Unfaceable: Dealing With Prosecutorial Denial In Postconviction Cases Of Actual Innocence, Aviva Orenstein
San Diego Law Review
This Article develops a question that intrigued Fred: prosecutors’ duties postconviction to prisoners who might be innocent. Although Fred wrote about a panoply of questions that arise regarding the prosecutor’s duty to “do justice” after conviction, this Article will address one specific area of concern: how and why prosecutors resist allowing DNA testing and, more startlingly, deny the obvious implications of DNA evidence when that evidence exonerates the convicted.
Part II of this Article briefly summarizes two of Fred’s major articles on the subject of prosecutorial ethics. Part III documents the problem of postconviction DNA exonerations and prosecutors’ varied reactions. …
Confidentiality Explained: The Dialogue Approach To Discussing Confidentiality With Clients, Elisia M. Klinka, Russell G. Pearce
Confidentiality Explained: The Dialogue Approach To Discussing Confidentiality With Clients, Elisia M. Klinka, Russell G. Pearce
San Diego Law Review
This Article offers an alternative dialogue approach. Rather than view the issue of explaining confidentiality either as a strategy for gaining client trust or an obligation necessary to comply with certain legal obligations, we propose understanding it as a key element in creating a relationship of dialogue grounded in honesty and mutual respect.
In doing so, we build on the work of the late Fred Zacharias, whose scholarship in this area provides both pathbreaking empirical insights and unwavering commitment to respecting client dignity. Among Zacharias’s contributions are his oft-cited empirical study suggesting that lawyers wrongly assume that clients would not …
A Tribute To Professor Fred C. Zacharias, Michael R. Devitt
A Tribute To Professor Fred C. Zacharias, Michael R. Devitt
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Remembering Fred Z, Gary J. Simson
Remembering Fred Z, Gary J. Simson
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Tribute To Professor Fred Zacharias, Faust F. Rossi
Tribute To Professor Fred Zacharias, Faust F. Rossi
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Images And Aspirations: A Call For A Return To Ethics For Lawyers, Robert P. Lawry
Images And Aspirations: A Call For A Return To Ethics For Lawyers, Robert P. Lawry
San Diego Law Review
Dedication to the works of Prof. Fred Zacharias.
In Memoriam To Professor Fred C. Zacharias, Orly Lobel
In Memoriam To Professor Fred C. Zacharias, Orly Lobel
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Prosecutors' Ethical Duty Of Disclosure In Memory Of Fred Zacharias, Bruce A. Green
Prosecutors' Ethical Duty Of Disclosure In Memory Of Fred Zacharias, Bruce A. Green
San Diego Law Review
This Article might lead one to ask which body better apprehended the nature of the prosecutorial disclosure rule. Two parts of this Article will explore that question and reach an unexpected conclusion: although the ABA ethics committee and the Ohio Supreme Court had opposite visions of equivalent rules, they may both be right. Even so, there is something obviously jarring about the divide, which reveals deficiencies in the rule adoption process. The ABA has an interest in persuading courts to adopt not only its Model Rules but also its interpretations of those rules, so the result seems to reflect a …
A List, Frank Partnoy
A List, Frank Partnoy
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Some Reflections On Ethics And Plea Bargaining: An Essay In Honor Of Fred Zacharias, R. Michael Cassidy
Some Reflections On Ethics And Plea Bargaining: An Essay In Honor Of Fred Zacharias, R. Michael Cassidy
San Diego Law Review
Dedication to the Ethics and Plea Bargaining works of Prof. Fred Zacharias.
Fred C. Zacharias - Reminiscences, Larry Zacharias
Fred C. Zacharias - Reminiscences, Larry Zacharias
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Fred Zacharias: Scholar, Colleague, Friend, Larry Alexander
Fred Zacharias: Scholar, Colleague, Friend, Larry Alexander
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
A Letter To Professor Fred Zacharias's Sons In Memory Of Their Father, Anne Lukingbeal
A Letter To Professor Fred Zacharias's Sons In Memory Of Their Father, Anne Lukingbeal
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
In Memoriam: Fred C. Zacharias, Russell K. Osgood
In Memoriam: Fred C. Zacharias, Russell K. Osgood
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Our Federalism: The United States And The Regulation Of Lawyers, Michael J. Churgin
Our Federalism: The United States And The Regulation Of Lawyers, Michael J. Churgin
San Diego Law Review
Dedication to the works of Prof. Fred Zacharias.
Fred Zacharias And A Lawyer's Attempt To Be Guided By Justice: Flying With Harry Potter And Understanding How Lawyers Can Prosecute The People They Represent, Randy Lee
San Diego Law Review
This Article seeks to embrace Professor Zacharias’s call for lawyers to consider more deeply what it means for a lawyer—and here particularly a government lawyer—to do justice. In so doing, it recognizes two parameters that Professor Zacharias wisely established for this task: first, that lawyers need direction that is concrete in how to behave as lawyers; and second, that lawyers can understand “justice,” “fairness,” and “truth” to be amorphous concepts and that lawyers may even attempt to define those terms with equally amorphous words. This Article also recognizes, however, that although justice, fairness, and truth can be reduced to abstraction, …
Fred Zacharias's Skeptical Moralism, David Luban
Fred Zacharias's Skeptical Moralism, David Luban
San Diego Law Review
Dedication to the works of Prof. Fred Zacharias.
Fred Z., David Mcgowan
Fred Z., David Mcgowan
San Diego Law Review
Dedication to the works of Prof. Fred Zacharias.
Prosecutorial Ethics In The Postconviction Setting From A To Zacharias, Daniel S. Medwed
Prosecutorial Ethics In The Postconviction Setting From A To Zacharias, Daniel S. Medwed
San Diego Law Review
Dedication to the works of Prof. Fred Zacharias.
Remembering Fred, Guido Calabresi
Remembering Fred, Guido Calabresi
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Old School Loses A Teacher: A Recollection Of Fred Zacharias, Kevin Cole
Old School Loses A Teacher: A Recollection Of Fred Zacharias, Kevin Cole
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
A Tribute To Professor Fred Zacharias, Neil Coughlan, John Gulliver, Dick Keenan
A Tribute To Professor Fred Zacharias, Neil Coughlan, John Gulliver, Dick Keenan
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
Tribute To Professor Fred Zacharias, Michael J. Perry
Tribute To Professor Fred Zacharias, Michael J. Perry
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
In Memoriam, Steven D. Smith
In Memoriam, Steven D. Smith
San Diego Law Review
Personal dedication to Prof. Fred Zacharias.
The Zealous Prosecutor As Minister Of Justice, Bennett L. Gershman
The Zealous Prosecutor As Minister Of Justice, Bennett L. Gershman
San Diego Law Review
As my contribution to this Memorial tribute to Professor Fred Zacharias, I have chosen to write about Fred’s 1991 article in the Vanderbilt Law Review entitled Structuring the Ethics of Prosecutorial Trial Practice: Can Prosecutors Do Justice?. I have always seen this article as a classic, one of the finest and most important discussions of the special role of the prosecutor in the criminal justice system and of the meaning of the prosecutor’s ethical duty to “do justice.” This article is cited repeatedly for numerous points: the conception of the prosecutor’s duty not to win a case but to see …
Taking The Ethical Duty To Self Seriously: An Essay In Memory Of Fred Zacharias, Samuel J. Levine
Taking The Ethical Duty To Self Seriously: An Essay In Memory Of Fred Zacharias, Samuel J. Levine
San Diego Law Review
This essay delineates a three-tiered approach that incorporates not only the lawyer’s duty to the client and to society, but also the lawyer’s obligation to take into consideration the duty to self, which includes fidelity to the lawyer’s personal ethical values and commitments. In addition, rather than placing the various interests in hierarchical opposition, requiring that one duty invariably prevail over the others, the three-tiered approach looks to consider ways in which competing interests might balance or, at times, be reconciled with one another. To illustrate the three-tiered approach to the lawyer’s ethical obligations, this essay focuses on the lawyer’s …
Confidentiality And Common Sense: Insights From Philosophy, Thomas Morawetz
Confidentiality And Common Sense: Insights From Philosophy, Thomas Morawetz
San Diego Law Review
In this Article, I will consider two aspects of the controversy that help explain why it is static. I will consider the significance of empirical evidence that lawyers and clients find the rules morally troubling. Zacharias plausibly assumes that such evidence carries compelling weight. I will also look at the nature of morality itself and the extent to which professional rules should be expected to conform to morality.