Legal Profession Commons^™

A Wonderful Life, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

The Person In Law, The Number In Math: Improved Analysis Of The Subject As Foundation For A Noveau Régime , Orlando I. Martínez-García

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The (Lack Of) Enforcement Of Prosecutor Disclosure Rules, Kevin C. Mcmunigal

Faculty Publications

In this Article, I assess the apparent prospects for increased disciplinary enforcement of state ethics rules based on Rule 3.8(d) of the American Bar Association's (“ABA”) Model Rules of Professional Conduct that mandates prosecutorial disclosure of exculpatory information. In particular, I focus on whether it makes sense to view recent ABA Formal Opinion 09-454, in which the ABA gave an expansive reading to Model Rule 3.8(d), as the bellwether of an era of increased enforcement of ethical disclosure rules for prosecutors.

Special Introduction: October 2010, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.

Defense Counsel And Plea Bargain Perjury, Kevin C. Mcmunigal

Faculty Publications

No abstract provided.

Do Two Wrongs Protect A Prosecutor?, Peter A. Joy, Kevin C. Mcmunigal

Faculty Publications

May a former criminal defendant bring a civil rights action against a prosecutor who fabricated evidence during an investigation and then introduced that evidence against the defendant at trial? The Seventh and Second Circuits have divided in answering this question. On November 4, 29, the Supreme Court heard oral argument in an Eighth Circuit case raising this question, Pottawattamie County v. Harrington, 547 F.3d 922 (8th Cir. 28), cert. granted, 129 S. Ct. 22 (April 2, 29), and many expected the Court to resolve the circuit split later this term. But on January 4, 21, the Court dismissed the case …

Deceit In Defense Investigations, Peter A. Joy, Kevin C. Mcmunigal

Faculty Publications

Prosecutors and police routinely employ misrepresentation and deceit in undercover investigations. In cases ranging from drug distribution, prostitution, and sexual misconduct with minors to organized crime and terrorism, police and those cooperating with police deceive suspects and their cohorts about their identities and their intentions in order to gain information to help uncover past crimes and thwart future crimes. Frequently, such deceit helps reveal the truth about what criminals do and think.

May defense lawyers and investigators working for them employ similar tactics? Or should prosecutors be the only lawyers allowed to direct and supervise investigatory deception? In recent years, …

Henry King, Erik M. Jensen

Faculty Publications

Henry King and I both began at Case Western Reserve in 1983, memorialized in an issue of In Brief, the law school magazine, that has a cover photo showing total devastation. It looks like the aftermath of a faculty meeting, but the picture is really of bombed-out Nuremberg, of course.

Volume 77 (2009-2010)

Tennessee Law Review

No abstract provided.

Slipping Away From Justice: The Effect Of Attorney Skill On Trial Outcomes, Jennifer B. Shinall

Vanderbilt Law Review

Fred Goldman blamed the defense attorneys when a Los Angeles jury found O.J. Simpson not guilty of murdering his son, Ron Goldman, and Nicole Brown Simpson on October 3, 1995. Yet Goldman was not the only one who blamed the defense attorneys for the acquittal; much of the media agreed that Simpson was guilty and had escaped his rightful punishment. As one New York Times reporter lamented, "To watch Mr. Simpson slip away from justice ... was an infuriating sight." People who believed in Simpson's guilt cited Johnnie Cochran's decision to "play the race card" and his clever catch phrases …

Transnational Class Actions And Interjurisdictional Preclusion, Rhonda Wasserman

Articles

As global markets expand and trans-border disputes multiply, American courts are pressed to certify transnational class actions -- i.e., class actions brought on behalf of large numbers of foreign citizens or against foreign defendants. While the Supreme Court's recent decision in Morrison v. National Australia Bank Ltd. is likely to reduce the number of "foreign-cubed" or "f-cubed" securities fraud class actions filed in the United States (at least in the short term), it is unlikely to inhibit the filing of transnational class actions involving securities listed on domestic stock exchanges, transnational class actions raising claims that arise under federal laws …

Promoting The Rule Of Law: Cooperation And Competition In The Eu-Us Relationship, Ronald A. Brand

Articles

Both the United States and the European Union fund programs designed to develop the rule of law in transition countries. Despite significant expenditures in this area, however, neither has developed either a clear definition of what is meant by the rule of law or a catalogue of programs that can result in coordination of rule of law efforts. This article is the result of a presentation at a May 2010 policy conference at the University of Pittsburgh School of Law, at which U.S. and EU government officials, scholars, and practitioners discussed the concept of rule of law and efforts to …

Exporting Legal Education: Lessons Learned From Efforts In Transition Countries, Ronald A. Brand

Articles

A convergence of inward and outward-looking processes in US law schools creates both risk and potential reward in the development of legal education. As law faculties engage in the current process of changing the traditional law school curriculum, they should carefully coordinate a desire for internal goals with an understanding of external impact, realizing that this process is likely to affect not just US law schools, but legal education across the globe. Changes in the curriculum at US law schools should be responsive, not only to concerns about the legal marketplace in the United States, but also to the impact …

Mapping The World: Facts And Meaning In Adjudication And Mediation, Robert Rubinson

All Faculty Scholarship

This Article explores what is and what is not in adjudication and mediation, thus illuminating the profound differences between these two processes. The Article does this work in four parts. First, it offers an analysis of cognitive mapmaking and its inevitability in constructing meaning. It then explores how adjudication defines meaning in a particular way. This Article then conducts a comparable analysis of mediation. Finally, it focuses on the bridging function attorneys play between the worlds of mediation and adjudication.

Professor Morris Shanker, Erik M. Jensen

Faculty Publications

Morry Shanker began teaching at the Western Reserve Law School shortly after the creation of the Western Reserve. In fact, had Moses Cleaveland not elbowed his way to the front of the boat in 1796, Professor Shanker would have been the first surveyor to step onto the banks of the Cuyahoga. If that had happened, the house band at Severance Hall might be known today as the Shanker Orchestra.

Aba Explains Prosecutor's Ethical Disclosure Duty, Peter A. Joy, Kevin C. Mcmunigal

Faculty Publications

The ABA Standing Committee on Ethics and Professional Responsibility recently issued an advisory ethics opinion explaining that the ethical duty of the prosecutor under Model Rule 3.8(d) to disclose exculpatory evidence and information to the defendant is separate from, and more expansive than, the disclosure obligations under the Constitution. This column reviews the opinion and its implications for discovery in criminal cases.

Mental Disorders And The "System Of Judgmental Responsibility", Anita L. Allen

All Faculty Scholarship

No abstract provided.

A Dean's Perspective On Ed Baker, Michael A. Fitts

All Faculty Scholarship

No abstract provided.

A Wise Man Of The Law, Anthony J. Scirica

All Faculty Scholarship

No abstract provided.

Quasi-Preemption: Nervous Breakdown In Our Constitutional System, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.