Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- ABA Standards for Criminal Justice (1)
- Adam Chodorow (1)
- Attorney performance (1)
- Court (1)
- Courtroom (1)
-
- Death and Taxes and Zombies (1)
- Defense counsel (1)
- Effective Assistance of Counsel (1)
- Federal criminal law (1)
- Ineffective assistance (1)
- Jurisprudence (1)
- Mens rea (1)
- Michael L. Smith (1)
- Missouri v. Frye (1)
- Model Rules of Professional Conduct (1)
- Negotiation (1)
- Negotiation theory (1)
- Plea bargaining (1)
- Plea negotiators (1)
- Professional norms (1)
- Rishi Batra (1)
- Standards of professional practice (1)
- Strickland v. Washington (1)
- Supreme Court (1)
- Tax law (1)
- Victim restitution (1)
- Zombie apocalypse (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Prosecuting The Undead: Federal Criminal Law In A World Of Zombies, Michael L. Smith
Prosecuting The Undead: Federal Criminal Law In A World Of Zombies, Michael L. Smith
Faculty Articles
Adam Chodorow's recent essay, Death and Taxes and Zombies, has alerted the legal world to the dangers posed by the looming zombie apocalypse. Chodorow successfully demonstrates that existing tax laws are woefully inadequate in a world where the undead outnumber the taxpaying living. In this Essay, I argue that while tax law may be ill suited to address the zombie apocalypse, federal criminal law offers an alternative approach to solving the problems that Chodorow identifies. In fact, the only plausible explanation for the existence of seemingly pointless features of federal criminal law is that these features are precautions for this …
Lafler And Frye: A New Constitutional Standard For Negotiation, Rishi Batra
Lafler And Frye: A New Constitutional Standard For Negotiation, Rishi Batra
Faculty Articles
The Sixth Amendment guarantees "[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defense." In 1984, the Supreme Court in Strickland v. Washington established the standard for ineffective assistance of counsel that is a violation of this right. In a pair of decisions handed down in 2012, Lafler v. Cooper and Missouri v. Frye the Supreme Court extended the holding in Strickland to cover ineffective assistance by defense counsel in the plea-bargaining phase. Recognizing that pleas account for ninety-five percent of all criminal convictions, the court stated that "the negotiation …