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Legal Profession Commons

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Full-Text Articles in Legal Profession

Volume 4 Issue 2 (Complete Spring 2017), David J.. Cook, Zachary Bolitho, Evan Wright, George Steven Swan, Cynthia Brown Jun 2017

Volume 4 Issue 2 (Complete Spring 2017), David J.. Cook, Zachary Bolitho, Evan Wright, George Steven Swan, Cynthia Brown

Lincoln Memorial University Law Review

A complete version of LMU Law Review Volume Issue 2 for Spring 2017.


Newsroom: Nbc News: Coombs On Chelsea Manning 01-13-2017, Roger Williams University School Of Law Jan 2017

Newsroom: Nbc News: Coombs On Chelsea Manning 01-13-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Unconstitutionality Of Mandatory Detention During Competency Restoration, Marisol Orihuela Jan 2017

The Unconstitutionality Of Mandatory Detention During Competency Restoration, Marisol Orihuela

Berkeley Journal of Criminal Law

Defense attorneys have long struggled with the ethical obligation to raise competency concerns about a client to the court when doing so would prolong the client’s time in detention. This dilemma, well-documented in legal ethics scholarship, relies on an assumption that detention is a necessary component of competency restoration. As this Article shows, that assumption is wrong.

This Article uncovers how the practice of mandatory detention for competency restoration was left undisturbed for decades, even as policymakers and courts increasingly recognized the constitutional concerns with automatic detention of individuals with severe mental illness in other arenas. After exposing the ...