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Ethics, Professionalism, And Meaningful Work, William H. Simon

Faculty Scholarship

Much of the anxiety and dissatisfaction associated with legal ethics arises from the categorical quality of the bar's dominant norms. These norms take the form of relatively inflexible rules insensitive to all but a few of the circumstances of the cases they govern. Hence they often require the lawyer to take actions that contribute to injustice or to refrain from actions that would avert injustice.

For example, many lawyers believe that a criminal defender is obliged to impeach a truthful complaining witness even though the only immediate purpose of this tactic is to encourage the trier to draw a mistaken …

Killing The Proverbial Two Birds With One Stone: Using Environmental Statutes And Nuisance To Combat The Crime Of Illegal Drug Trafficking, Omar Saleem

Journal Publications

No abstract provided.

The State As Landlord: The Constitutionality Of The Termination Of Public Housing Leases On Account Of A Tenant's Illegal Activities, Mark Anthony Drumbl

Scholarly Articles

Paragraph 107(l)(b) of the Ontario Landlord and Tenant Act enables landlords to evict tenants on short notice for engaging in illegal activity or for permitting such activity to be conducted in or on any part of the rental premises. Under this provision, the landlord can serve a notice of termination on the tenant, who may then exercise his/her right to dispute the landlord's allegation at a scheduled court hearing.

This paper suggests that paragraph 107(l)(b) is inconsistent with the underlying purposes of the Landlord and Tenant Act, and might run afoul of sections 7 and 15 of the Canadian Charter …

Development Of A Criminal Law Clinic: A Blended Approach, Norman Fell

Cleveland State Law Review

Traditionally law schools have viewed the study of law as an academic science with the development of theoretical skills and methodology being the objective of a legal education. There are legal educators who believe that a curriculum teaching the traditional model is the school's exclusive role and that the professional skills and values associated with the practice of law are more properly acquired by the emerging lawyer in post-graduation settings. This article discusses how the traditional law school curriculum is changing. Section II lays out the historical perspective of practical legal education, and then Section II discusses how this is …

The Impact Of Miranda Revisited, Richard A. Leo

Journal of Criminal Law and Criminology

No abstract provided.

Recasting Prosecutorial Discretion, Robert L. Misner

Journal of Criminal Law and Criminology

No abstract provided.

Reflections On Reves V. Ernst & Young: Its Meaning And Impact On Substantive, Accessory, Aiding Abetting And Conspiracy Liability Under Rico, G. Robert Blakey, Kevin P. Roddy

Journal Articles

In March 1993, accountants, attorneys and other professionals—who generally view RICO with suspicion—breathed a sigh of relief when they read the Washington Post: "People who lose money in thrifts and other businesses that go belly up because of wrongdoing can no longer use [RICO] to sue lawyers, accountants, or other advisers who played key roles in the enterprise." Unfortunately, this terse description of the Supreme Court's decision issued the previous day in Reves v. Ernst & Young may persuade professionals that they dropped an anchor in a tranquil safe-harbor, far from an exposure to the perils of the private enforcement …

The Color Of Money, Paul F. Campos

Publications

No abstract provided.

The Firm Revisited: Somebody At The Justice Department Has Been Reading John Grisham, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

Cooperating Defendants: The Costs And Benefits Of Purchasing Information From Scoundrels, Daniel Richman

Faculty Scholarship

Only the most unreflective prosecutor can avoid feeling ambivalent about cooperation. Without the assistance of defendants willing to trade testimony for the expectation of sentencing discounts, many cases worth prosecuting could not be made. But if a prosecutor maintains any distance from these defendants – as he must – he is bound to be troubled by the magnitude of the discounts that the federal system (like other systems) gives to cooperators, many of whom rank as some of the most odious people he has ever met.

The idea of purchasing testimony through sentencing discounts has a long history, of course, …

Who Should Regulate The Ethics Of Federal Prosecutors?, Rory K. Little

Faculty Scholarship

No abstract provided.

New Federal Rules In Sex Offense Cases, Lynn Mclain

All Faculty Scholarship

This article from the November/December 1995 issue of the Maryland Bar Journal details the changes made to the Federal Rules of Evidence following the enactment of the 1994 Comprehensive Crime Bill. Questions raised by the new rules and the response of the Judicial Conference are also discussed.

New Public Law Legislation, Oregon Law Institute, Paul Snider, Karen M. Vickers, Lynn Rosik, Marianna Kanwit, Maria Keltner

Oregon Law Institute, 1995

Course Materials from the September 15, 1995 Program in Portland

Epilogue: Making Reconceptualization Of Violence Against Women Real, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Representing A Victim Of Domestic Violence, Catherine F. Klein, Leslye E. Orloff

Scholarly Articles

No abstract provided.

Are Executions In New York Inevitable?, Ronald J. Tabak

Fordham Urban Law Journal

This article is an edited trascription of a program considering whether executions in New York State are inevitable. Shortly after the program a law was enacted to this effect, however, Mr. Tabak argues that the law is so badly flawed that it may not survive judicial scrutiny. Present on the panel were Barbara Paul Robinson, John Cardinal O'Connor, Dean John Feerick, Archibald Murray, Thomas McDermott, Lee Grant, Cessie Alfonso and George Kendall.

Defending, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Cooperating Clients, Daniel Richman

Faculty Scholarship

Indicted on serious narcotics charges, Jose Lopez retained Barry Tarlow to “vigorously defend and try the case.” Tarlow was up to the task but warned Lopez that it was “his general policy not to represent clients in negotiations with the government concerning cooperation,” and that he did not plan to make any exception for Lopez. As Tarlow later explained, he found such negotiations “personally[,] morally and ethically offensive.” This arrangement suited Lopez just fine, until he wavered in his resolution. Encouraged by a co-defendant, worried about his children, and hoping to obtain an early release from prison …

"Solutions In Sciences Outside Of The Law!?" Rodriguez V. British Columbia (A.G.), Anne Jackman

Dalhousie Law Journal

While we are forced, somewhat begrudgingly, to face the fact that there are limitations to what medicine can achieve, we still seem to have an undisturbed faith in what law can achieve. The limitations to what litigation under the Canadian Charter of Rights and Freedoms' can achieve was highlighted most recently in the case of Rodriguez v. British Columbia (A.G.)2 where the Supreme Court of Canada, by a five to four margin, upheld the constitutionality of the assisted suicide provisions of the Criminal Code.3 The Court recognized that Ms. Rodriguez's rights were violated but concluded that the infringement did not …

From Social Safety Net To Dragnet: African American Males In The Criminal Justice System, Jerome G. Miller

Washington and Lee Law Review

No abstract provided.

Notes: Crimes And Punishments — Child Selling — Maryland's Statute Prohibiting The Sale, Barter, Or Trade Of A Child Is Not Limited To Proscribing For-Profit Adoptions, But Also Covers The Transfer Of The Custody Of A Child In Exchange For Money. State V. Runkles, 326 Md. 384, 605 A.2d 111 (1992), Randi Alyce Klein

University of Baltimore Law Review

No abstract provided.

Politics And The Death Penalty: Can Rational Discourse And Due Process Survive The Perceived Political Pressure?, Norman Redlich

Fordham Urban Law Journal

This article is a transcript from a program sponsored by the American Bar Association Section of Individual Rights and Responsibilities entitled, “Politics and the Death Penalty: Can Rational Discourse and Due Process Survive the Perceived Political Pressure?” In it, Norman Redlich, former Dean of New York University Law School, James Coleman, Shabata Sundiata Waglini, Attorney General Ernest Preate, Jr., Bryan Stevenson, Executive Director of the Alabama Capital Representation Resource Center, journalist Nat Hentoff, New York State Assemblywoman Susan John, and Chief Justice Exum of the North Carolina Supreme Court discuss the issue of the death penalty in America. Redlich discusses …

The Sanist Lives Of Jurors In Death Penalty Cases: The Puzzling Role Of Mitigating Mental Disability Evidence, Michael L. Perlin

Articles & Chapters

No abstract provided.

Violence Against Lesbians And Gay Men, Suzanne B. Goldberg, Bea Hanson

Faculty Scholarship

Faggot! Dyke! Pervert! Homo!" Just words? Or rhetoric that illuminates and fuels hatred of lesbians and gay men? How often are these words supplemented by the use of a bat, golf clubs, a hammer, a knife, a gun? Studies indicate that lesbians and gay men experience criminal victimization at rates significantly higher than other individuals and are the most frequent victims of bias crime.

Since lesbians and gay men live all across the country – in large cities, small towns, and rural areas – we can be targets of bias crime no matter where we live. From the attacks against …

Are Criminal Defenders Different?, David Luban

Michigan Law Review

No one has done more to expose the jurisprudential incoherence of this view of legal practice than William Simon. In his 1978 article, The Ideology of Advocacy, Simon demonstrated a series of internal contradictions in the most promising attempts to justify the ideology of advocacy. Subsequently, in Ethical Discretion in Lawyering, Simon elaborated an alternative view according to which lawyers must exercise independent judgment in both their choice of clients and their choice of means in pursuing client ends.

In Simon's view, those who carve out the criminal defense exception have been taken in by what he calls …

Defending The Poor, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Given the harsh reality that the quality of justice that people get in this country often depends on how much money they have , is our society's aspiration toward "equal justice" attainable? Probably not. A criminal defendant's poverty is not necessarily inconsistent with zealous advocacy. But whether lawyers for the poor adequately protect their clients' rights in criminal cases is the subject of ongoing debate.

Orders Of Protection In Domestic Violence Cases: An Empirical Assessment Of The Impact Of The Reform Statutes, Kit Kinports, Karla Fischer

Faculty Scholarship

The authors' concern that domestic violence reform statutes might not be having their intended effect sparked their decision to evaluate the protective order statutes empirically. The authors therefore distributed a lengthy survey to 843 domestic violence organizations nationwide that helped battered women obtain protective orders. The survey focused on three issues. The first issue was access to the courts: Is the protective order remedy accessible to battered women? The second issue related to the procedures for obtaining orders of protection: Are judges granting orders in appropriate cases, and are they awarding the full range of remedies contemplated by the reform …

The Urban Criminal Justice System: Where Young + Black + Male = Probable Cause, Elizabeth A. Gaynes

Fordham Urban Law Journal

We live in a country where one out of four young African-American men is under some form of custodial supervision. In our nation's capital, seven out of ten African-American men can anticipate being arrested and jailed at least once before reaching the age of thirty-five. We live in a city where a black man between the ages of fifteen and twenty-four is far more likely to die of homicide than all other causes combined. The official response to the problem of urban crime by minority youth has been prison, prison, and more prison. This essay provides an overview and examples …

Curing America's Addiction To Prisons, David C. Leven

Fordham Urban Law Journal

Our prisons have failed society because they do not, generally, provide an experience that is likely to help offenders overcome the obstacles that led them to make mistakes for which they are now being punished. Instead, they reinforce the violence and exploitation that many offenders were sentenced to prison for in the first place. They have failed because they do not promote restoration, a key to successful reintegration, and nobody benefits when offenders are more dangerous when they are released than when they entered prison. This Essay proposes that a restorative model of justice replace our failed punitive model. By …

Federal Recent Developments

American Indian Law Review

No abstract provided.