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Articles 1 - 9 of 9
Full-Text Articles in Legal Ethics and Professional Responsibility
The Torture Lawyers, Jens David Ohlin
The Torture Lawyers, Jens David Ohlin
Jens David Ohlin
One of the longest shadows cast by the Bush Administration’s War on Terror involves the fate of the torture lawyers who authored or signed memoranda regarding torture or enhanced interrogation techniques against detainees. Should they face professional sanction or even prosecution for their involvement? The following Article suggests that their fate implicates some of the deepest questions of criminal law theory and that resolution of the debate requires a fundamental reorientation of the most important areas of justifications and excuses. First, the debate about torture has been overly focused on justifications for torture. This can be explained in part by …
Plea Bargaining And The Right To The Effective Assistance Of Counsel: Where The Rubber Hits The Road In Capital Cases, John H. Blume
Plea Bargaining And The Right To The Effective Assistance Of Counsel: Where The Rubber Hits The Road In Capital Cases, John H. Blume
John H. Blume
No abstract provided.
It's A 'Criming Shame': Moving From Land Use Ethics To Criminalization Of Behavior Leading To Permits And Other Zoning Related Acts, Patricia E. Salkin, Bailey Ince
It's A 'Criming Shame': Moving From Land Use Ethics To Criminalization Of Behavior Leading To Permits And Other Zoning Related Acts, Patricia E. Salkin, Bailey Ince
Patricia E. Salkin
In the past, land use ethics inquiries predominately involved conflicts of interest or an official holding public office while engaging in a previously held business or law practice. Now, prosecutors are looking at the underlying criminality of the unethical acts carried out in the context of land use decisions. With a wide array of criminal statutes in the hands of federal prosecutors, almost all forms of unethical conduct could in some way also violate a federal criminal statute.Part II of this article reviews the federal statutes most often used by federal prosecutors and provides some examples of recent reported cases …
Prosecutorial Misconduct And The "P" Word, Andrea Lyon
Prosecutorial Misconduct And The "P" Word, Andrea Lyon
Andrea D. Lyon
No abstract provided.
Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen
Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen
James L. Kainen
The exclusionary evidence rules derived from the Fourth, Fifth, and Sixth Amendments continue to play an important role in constitutional criminal procedure, despite the intense controversy that surrounds them. The primary justification for these rules has shifted from an "imperative of judicial integrity" to the "deterrence of police conduct that violates... [constitutional] rights." Regardless of the justification it uses for the rules' existence, the Supreme Court continues to limit their breadth "at the margin," when "the acknowledged costs to other values vital to a rational system of criminal justice" outweigh the deterrent effects of exclusion. The most notable limitation on …
Book Review: Policing And The Poetics Of Everyday Life., Rodger E. Broome Phd
Book Review: Policing And The Poetics Of Everyday Life., Rodger E. Broome Phd
Rodger E. Broome
Policing and the poetics of everyday life. Chicago: University of Illinois Press, 2008. 256 pp. ISBN 978-0-252-03371-1 (cloth). $42.00. Policing and the Poetics of Everyday Life is a hermeneutical-aesthetic analysis within a human scientific approach of modern policing in the United States. It is an important study of police-citizen encounters informed by hermeneutic aesthetic thought and the author’s professional experience as a veteran with a Seattle area police department in Washington, USA.
The Good Fight: The Egocentric Bias, The Aversion To Cognitive Dissonance, And The American Criminal Law, Daniel S. Medwed
The Good Fight: The Egocentric Bias, The Aversion To Cognitive Dissonance, And The American Criminal Law, Daniel S. Medwed
Daniel S. Medwed
The phrase “cognitive bias” often has negative connotations. It is something to be overcome, thwarted, or, at best, circumvented. In this essay, I suggest that two interrelated cognitive biases—the egocentric bias and the aversion to cognitive dissonance—might instead serve as potential assets for a criminal law practitioner in persuading her constituencies.
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
Hillary A Henderson
Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or …
Cyber Security Active Defense: Playing With Fire Or Sound Risk Management?, Sean L. Harrington
Cyber Security Active Defense: Playing With Fire Or Sound Risk Management?, Sean L. Harrington
Sean L Harrington
Explores contemporary "active defense" techniques in use by private organizations and the legal, regulatory, practical, and business risks associated with each.