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Articles 1 - 30 of 46
Full-Text Articles in Law
Cultural Competency In Capital Mitigation, Scharlette Holdman, Christopher Seeds
Cultural Competency In Capital Mitigation, Scharlette Holdman, Christopher Seeds
Hofstra Law Review
Cultural factors so pervasively influence the interactions of the client with other people - including all of those with whom he comes into contact at significant times in his life (e.g. in educational, medical, and correctional institutions), those surrounding him in the community in which he develops, and, critically, the members of the defense team - that it is imperative for the defense team to have the talents necessary to conduct a mitigation investigation that is culturally competent. The investigation must recognize and surmount an array of barriers, overt and subtle, to obtaining information from people of variegated backgrounds. As …
Evolving Standards Of Decency: Advancing The Nature And Logic Of Capital Mitigation, Craig Haney
Evolving Standards Of Decency: Advancing The Nature And Logic Of Capital Mitigation, Craig Haney
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
The article builds on converging lines of research in the social sciences that have constructed a framework which conceptualizes the roots of violent behavior as extending beyond the personality or character structure of those people who perform it, connecting it historically to the brutalizing experiences they have commonly shared as well as the immediately precipitating situations in which their violence transpires.
The piece explains how to translate these insights into the collection and presentation of …
Using The Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases To Change The Picture In Post-Conviction, Mark E. Olive, Russell Stetler
Using The Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases To Change The Picture In Post-Conviction, Mark E. Olive, Russell Stetler
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
As the ABA's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases reprinted in 31 Hofstra L. Rev. 913 (2003) detail, success in capital post-conviction proceedings will depend not just on the quality of the legal arguments counsel advance but, probably more critically, on counsel's skill at changing the picture that has previously been presented. The old facts and legal arguments - those which resulted in a conviction and imposition of …
A Clash Of Cultures: Immigration And Housing Code Enforcement On Long Island, Stefan H. Krieger
A Clash Of Cultures: Immigration And Housing Code Enforcement On Long Island, Stefan H. Krieger
Hofstra Law Review
In this Article, I will first review some of the literature on anti-immigrant biases in housing code enforcement in the United States. Then, I will describe issues of selective enforcement of housing codes in present-day Long Island using cases from the Hofstra Housing Rights Clinic as concrete illustrations. Finally, I will discuss ways that local governments both on Long Island and elsewhere can reconsider priorities in enforcing their housing codes to address the problems of cultural biases.
Turning Away From Islam In Iraq: A Conjecture As To How The New Iraq Will Treat Muslim Apostates, Timothy G. Burroughs
Turning Away From Islam In Iraq: A Conjecture As To How The New Iraq Will Treat Muslim Apostates, Timothy G. Burroughs
Hofstra Law Review
No abstract provided.
Understanding Defense-Initiated Victim Outreach And Why It Is Essential In Defending A Capital Client, Mickell Branham, Richard Burr
Understanding Defense-Initiated Victim Outreach And Why It Is Essential In Defending A Capital Client, Mickell Branham, Richard Burr
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
Effective capital defense lawyers must embrace, not suppress, human empathy. A defense team that demonstrates genuine compassion for the survivors - reaching out to get to know them, to listen to their stories, and to discern the interests the survivors hope to have met in the judicial proceedings - increases the possibility that the proceedings will end with compassion for their client. As a practical matter, this may well occur through some sort of agreed-upon …
Parents By The Numbers, Susan Frelich Appleton
Parents By The Numbers, Susan Frelich Appleton
Hofstra Law Review
This essay, an expanded version of the 2008 Siben Distinguished Professorship Lecture at Hofstra, explores the recent discourse - from case law, legal scholarship, and commentary - about whether children may have more than two legal parents. This discourse provides a lens for examining not only family law's current practices and trajectory but also family law's unfinished business, unspoken assumptions, and problematic inconsistencies.
Based on this examination, I largely ally myself with those who take a supportive approach to expanding parental numbers, but I include some significant points and elaborations missing from others' treatment of the topic. Specifically, I show …
Embryonic Stem Cells, Intellectual Property, And Patents: Ethical Concerns, Samuel Packer
Embryonic Stem Cells, Intellectual Property, And Patents: Ethical Concerns, Samuel Packer
Hofstra Law Review
No abstract provided.
United States Regulation Of Stem Cell Research: Recasting Government's Role And Questions To Be Resolved, Owen C.B. Hughes, Alan L. Jakimo, Michael J. Malinowski
United States Regulation Of Stem Cell Research: Recasting Government's Role And Questions To Be Resolved, Owen C.B. Hughes, Alan L. Jakimo, Michael J. Malinowski
Hofstra Law Review
No abstract provided.
Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases
Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases
Hofstra Law Review
No abstract provided.
Competent Capital Representation: The Necessity Of Knowing And Heeding What Jurors Tell Us About Mitigation, John H. Blume, Sheri Lynn Johnson, Scott E. Sundby
Competent Capital Representation: The Necessity Of Knowing And Heeding What Jurors Tell Us About Mitigation, John H. Blume, Sheri Lynn Johnson, Scott E. Sundby
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
Capital defense counsel have a duty at every stage of the case to take advantage of all appropriate opportunities to argue why death is not a suitable punishment for their particular client. But that duty can hardly be discharged effectively if the arguments are made in ignorance of available information concerning how persuasive they are likely to be to their audience.
Heeding that simple proposition we present lessons from the work of the Capital Jury …
The Sentencing Commission And Prosecutorial Discretion: The Role Of The Courts In Policing Sentence Bargains, John Gleeson
The Sentencing Commission And Prosecutorial Discretion: The Role Of The Courts In Policing Sentence Bargains, John Gleeson
Hofstra Law Review
No abstract provided.
The Indispensable Role Of The Mitigation Specialist In A Capital Case: A View From The Federal Bench, Helen G. Berrigan
The Indispensable Role Of The Mitigation Specialist In A Capital Case: A View From The Federal Bench, Helen G. Berrigan
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
Writing from the perspective of a federal trial judge, the author, who is Chief Judge of the United States District Court for the Eastern District of Louisiana, describes the crucial importance of mitigation development in the trial of a capital case in accordance with the ABA's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases reprinted in 31 Hofstra L. Rev. 913 (2003) and the Supplementary Guidelines that are the subject …
Foreword: Biomedical Research And The Law-Embryonic Stem Cells, Clones, And Genes: Science, Law, Politics And Values, Janet L. Dolgin, Joel Weintraub
Foreword: Biomedical Research And The Law-Embryonic Stem Cells, Clones, And Genes: Science, Law, Politics And Values, Janet L. Dolgin, Joel Weintraub
Hofstra Law Review
The articles presented in this symposium issue developed from papers delivered at the second in a series of conferences at Hofstra University devoted to the study of "Biomedical Research and the Law." The first conference, held in October 2006, focused on conflicts occasioned by industry funding of biomedical research. The second conference, the subject of this issue, occurred in March 2008 and was dedicated to the study of "Embryonic Stem Cells, Clones, and Genes: Science, Law, Politics and Values." This conference provided a productive context for debate among lawyers, physicians, scientists, theologians, philosophers, journalists, and others about a set of …
Your Death: The Royal Flush Of Wall Street's Gamble, Ariella Gasner
Your Death: The Royal Flush Of Wall Street's Gamble, Ariella Gasner
Hofstra Law Review
No abstract provided.
Mitigation Abroad: Preparing A Successful Case For Life For The Foreign National Client, Gregory J. Kuykendall, Alicia Amezcua-Rodriguez, Mark Warren
Mitigation Abroad: Preparing A Successful Case For Life For The Foreign National Client, Gregory J. Kuykendall, Alicia Amezcua-Rodriguez, Mark Warren
Hofstra Law Review
Many capital defendants are foreign nationals; their representation both presents special challenges and offers special opportunities. In accordance with the ABA's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases reprinted in 31 Hofstra L. Rev. 913 (2003) and the Supplementary Guidelines that are the subject of this issue, competent counsel must handle both effectively. Our article provides a detailed primer for accomplishing this.
A foreign country may acknowledge a person as a national on a basis that is not intuitively obvious to American counsel. If so, the person may be entitled to rights under both …
The European Union's Gatekeeper Initiative: The European Union Enlists Lawyers In The Fight Against Money Laundering And Terrorist Financing, Danielle Jasmin Kirby
The European Union's Gatekeeper Initiative: The European Union Enlists Lawyers In The Fight Against Money Laundering And Terrorist Financing, Danielle Jasmin Kirby
Hofstra Law Review
No abstract provided.
Introduction: Re-Stating The Standard Of Practice For Death Penalty Counsel: The Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases, Eric M. Freedman
Hofstra Law Review
This is the Introduction to the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases, and summarizes its thirteen articles.
A central - indeed, arguably the central - duty of defense counsel in a capital case is to humanize the client in the eyes of those who will decide his fate. The daunting task of imagining, collecting, and presenting such mitigation evidence pervades counsel's responsibilities from themoment of detention on potentially capital charges to the instant of execution.
A truly multi-disciplinary team, with skills in eliciting and documenting sensitive …
The Aba And The Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases, Robin M. Maher
The Aba And The Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases, Robin M. Maher
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
This article, whose author is the Director of the ABA Death Penalty Representation Project, places the Supplementary Guidelines in the context of the ABA's work in the death penalty field. The ABA does not oppose capital punishment but does favor justice. Hence the organization has long insisted that any jurisdiction desiring to retain execution as a criminal sanction provide high quality defense representation in accordance with the ABA's Guidelines for the Appointment and Performance of …
When Life Depends On It: Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases, Sean D. O'Brien
When Life Depends On It: Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases, Sean D. O'Brien
Hofstra Law Review
The Supplementary Guidelines for the Mitigation Function of Capital Defense Teams are the culmination of three years of work coordinated by the Public Interest Litigation Clinic (PILC) and the University of Missouri-Kansas City School of Law in cooperation with seasoned capital litigators and mitigation specialists across the United States. This article describes the Supplementary Guidelines and the process by which they were researched and developed. Part I describes the Supplementary Guidelines and the process by which they were researched and developed. Part II describes the reasons for undertaking this project. Part III describes the process of investigating, researching and drafting …
Capital Guidelines And Ethical Duties: Mutually Reinforcing Responsibilities, Lawrence J. Fox
Capital Guidelines And Ethical Duties: Mutually Reinforcing Responsibilities, Lawrence J. Fox
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
It is counsel, and not any non-lawyer member of the multidisciplinary defense team which needs to be assembled to provide competent representation in a capital case, who bears ultimate responsibility for the team's performance and for decisions affecting the client and the case. This article describes the many respects in which counsel's specific obligations under both the ABA's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases reprinted in 31 Hofstra …
A Former Alabama Appellate Judge's Perspective On The Mitigation Function In Capital Cases, William M. Bowen Jr.
A Former Alabama Appellate Judge's Perspective On The Mitigation Function In Capital Cases, William M. Bowen Jr.
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
The article, based on the author's eighteen years of service on the Alabama Court of Criminal Appeals, explicates how the collection and presentation of mitigation evidence in accordance with the ABA's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases reprinted in 31 Hofstra L. Rev. 913 (2003) and the Supplementary Guidelines that are the subject of this issue enable appellate courts to make reliable decisions in capital cases. Recounting his …
The Importance Of Recognizing Trauma Throughout Capital Mitigation Investigations And Presentations, Kathleen Wayland
The Importance Of Recognizing Trauma Throughout Capital Mitigation Investigations And Presentations, Kathleen Wayland
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
A PhD. in psychology, the author formerly served on the faculty of Duke University Medical Center, where her primary emphasis was on traumatic stress syndromes and the psychological consequences of chronic exposure to interpersonal violence. For the last fifteen years she has been assisting capital defender organizations in integrating mental health themes into mitigation narratives. This article presents the current state of scientific knowledge about trauma, treating the subject from these dual perspectives.
The inevitable …
Getting It Right: Life History Investigation As The Foundation For A Reliable Mental Health Assessment, Richard G. Dudley Jr., Pamela Blume Leonard
Getting It Right: Life History Investigation As The Foundation For A Reliable Mental Health Assessment, Richard G. Dudley Jr., Pamela Blume Leonard
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
As the ABA's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases reprinted in 31 Hofstra L. Rev. 913 (2003) and the Supplementary Guidelines that are the subject of this issue both emphasize, capital defense counsel must select appropriate non-legal team members and provide them with strategic direction. It is simply ineffective assistance for counsel to permit a mental health assessment of the client to occur before having made a reasoned …
The Enhanced Arbitration Appeal Amendment: A Proposal To Save American Jurisprudence From Arbitration, Modeled On The English Arbitration Act Of 1996, Drew M. Gulley
Hofstra Law Review
No abstract provided.
The Public Policy Exception, "The Freedom Of Speech, Or Of The Press", And The Uniform Foreign-Country Money Judgments Recognition Act, Charles W. Mondora
The Public Policy Exception, "The Freedom Of Speech, Or Of The Press", And The Uniform Foreign-Country Money Judgments Recognition Act, Charles W. Mondora
Hofstra Law Review
No abstract provided.
Locke For The Masses: Property Rights And The Products Of Collective Creativity, Robert P. Merges
Locke For The Masses: Property Rights And The Products Of Collective Creativity, Robert P. Merges
Hofstra Law Review
In this brief Idea piece, I describe how the labor theory of property rights associated with John Locke might apply to projects such as WikiPedia, which aggregate many small contributions by dispersed contributors. These works of "collaborative creativity" represent very significant investments of time and resources, yet do not fit comfortably within the individually-oriented framework of traditional Lockean analysis. Locke's central insight - that laboring on unowned resources ought (with exceptions and qualifications) to justify appropriation - suggests the desirability of granting some form of property interest over the products of collaborative creativity. I also explore a few practical issues …
Barbarians At The Bar: Regulations Of The Legal Profession Through The Admissions Process, Carol M. Langford
Barbarians At The Bar: Regulations Of The Legal Profession Through The Admissions Process, Carol M. Langford
Hofstra Law Review
No abstract provided.
From The Border To The Schoolhouse Gate: Alternative Arguments For Extending Primary Education To Undocumented Alien Children, Maria Pabón López, Diomedes J. Tsitouras
From The Border To The Schoolhouse Gate: Alternative Arguments For Extending Primary Education To Undocumented Alien Children, Maria Pabón López, Diomedes J. Tsitouras
Hofstra Law Review
No abstract provided.
Families At Risk: How Errant Enforcement And Restrictionist Integration Policies Threaten The Immigrant Family In The European Union And The United States, Lori A. Nessel
Hofstra Law Review
No abstract provided.