Digital Commons Network^™

Victims' "Rights" Or A Fair Trial Wronged?, Christopher R. Goddu

Buffalo Law Review

No abstract provided.

The Ambiguity Of Accountability: Relationships Of Corruption And Control, Mark Findlay

Research Collection Yong Pung How School Of Law

Corruption is a relationship of power and influence, existing within, and taking its form from specific environments of opportunity. Opportunity is, in turn, designated by the aspirations for such a relationship, and structures and processes at work towards its regulation. Both the creation and blocking of corruption opportunities are consequences of corruption control. Corruption regulation does not progress from prevention ideology to operational strategies in terms of total control, and therefore the regulatory space within which corruption and control interact becomes a construction of dependence.

Legitimating The Illegitimate: A Comment On 'Beyond Rape', Robin West

Georgetown Law Faculty Publications and Other Works

Professor Dripps's provocative proposal, as I understand it, is that we think of sex as a commodity and rape as the theft of that commodity. Understood as such, the theft of sex accomplished through violence or the threat of violence is a twofold wrong: it violates our "negative" right to refuse to have sex with anyone for any or no reason, and violence or the threat of violence infringes our right to personal, physical security. Therefore, the violent expropriation of sex should be punished as a major felony, as is violent rape, at least in theory.
  
Furthermore, according to Dripps, …

Lawyers At The Prison Gates: Organizational Structure And Corrections Advocacy, Susan Sturm

Faculty Scholarship

The rise of the public interest law movement ushered in an era of intense debate over the best way to provide legal representation to those unable to afford private counsel. This debate has involved two related dimensions of public interest representation. First, advocates and observers of public interest practice disagree over the proper role of lawyers acting on behalf of poor and underrepresented clients. They offer competing visions of representation spanning a continuum, from providing equal access to the courts for as many poor people as possible, to attacking the causes and effects of poverty and powerlessness.

The second dimension …

Why Civil Protection Orders Are Effective Remedies For Domestic Violence But Mutual Protective Orders Are Not, Elizabeth Topliffe

Indiana Law Journal

No abstract provided.

Violence Against Women And Legal Education: An Essay For Mary Joe Frug, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Money Laundering And Lawyers, Eugene R. Gaetke, Sarah N. Welling

Law Faculty Scholarly Articles

The federal government has recently enacted money laundering laws to track and discourage the use of money generated by crime. Because some of that money is used to pay legal fees, the laws have a direct impact on lawyers. The laws increase the risk of prosecution for lawyers, inhibit some methods of fee payment, and make some cases less attractive financially. Generally, the laws make law practice more complicated and risky.

The laws have been criticized for their impact on criminal defense lawyers. Critics have raised three broad objections. The first objection is constitutional. Critics have also objected to the …

Washington's Sexually Violent Predator Law: A Deliberate Misuse Of The Therapeutic State For Social Control, John Q. La Fond

Seattle University Law Review

This Article will demonstrate that the Washington legislature deliberately chose to abuse the medical model of involuntary commitment for treatment in order to achieve lifetime preventive detention. In so doing, the legislature violated fundamental constitutional principles that underlie our system of social care and control and safeguard individual liberty.

Constitution And Truth Seeking: A New Theory On Expert Services For Indigent Defendants, David A. Harris

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Law Of Misdemeanor Domestic Violence, 1970-1990, Joan Zorza

Journal of Criminal Law and Criminology

No abstract provided.

Missing Evidence, Dale A. Nance

Cardozo Law Review

No abstract provided.

The Fall And Rise Of The Criminal Contingent Fee, Peter Lushing

Articles

The article argues that the ban on contingent fees for criminal defense attorneys, established by the American Bar Association in 1969, is outdated and should be repealed. It contends that the ban is rooted in historical prejudice and unfounded concerns about conflicts of interest, rather than empirical evidence. The author suggests that the Supreme Court's 1989 decision implicitly approving contingent fees in certain criminal cases presents an opportunity to reconsider this prohibition. Repealing the ban could benefit middle-class defendants and allow for regulation and data collection to address potential issues.

Corruption Control And Monstering: Government Agendas, Community Expectations And The Icac Solution, Mark Findlay

Research Collection Yong Pung How School Of Law

In 1818, the Governor of the Chinese province of Shansi reported the case of Chan Lin who, while gatekeeper for the district magistrate, maintained "external criminal connections". Using his position he endeavoured to get a money changer to accept for exchange more than 300 ounces of sub-standard silver. Upon being rebuffed he took steps to have the money changer locked up. The Board of Punishments (which was a senior court of appeal in China during that period) held that because the act differed in no way from extortion as practised by rapacious government underlings, it would be improper to show …

Despair And Disparity In Florida's Prisons And Jails, Leslei G. Street

Florida State University Law Review

No abstract provided.

The Fall And Rise Of The Criminal Contingent Fee, Peter Lushing

Journal of Criminal Law and Criminology

No abstract provided.

A Comparison Of A Mentally Ill Individual's Right To Refuse Medication Under The United States And The New York State Constitutions, William M. Brooks

Touro Law Review

No abstract provided.

Lawyer's Justice, William A. Edmundson

Michigan Law Review

A Review of Lawyers and Justice: An Ethical Study by David Luban, and The Social Responsibilities of Lawyers: Case Studies by Philip B. Heymann and Lance Liebman

Death By Lottery--Procedural Bar Of Constitutional Claims In Capital Cases Due To Inadequate Representation Of Indigent Defendants, Stephen B. Bright

West Virginia Law Review

No abstract provided.

The Adversarial System At Risk, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The most ominous recent development affecting the balance of forces in the adversary system is the unprecedented attack by prosecutors on criminal defense lawyers themselves. Grand jury subpoenas to attorneys, law office searches, disqualification motions, fee forfeiture proceedings, and, most recently, IRS attempts to enforce currency-reporting regulations do not seem to be isolated occurrences or mere happenstance. Rather, perhaps inspired by Shakespeare's injunction in Henry VI to "kill all the lawyers," some prosecutors appear to have concluded that the most effective way to prevail in the battle against crime is to cripple the defense lawyers, particularly those who represent defendants …

Meaningful Access For Indigents On Death Row: Giarratano V. Murray And The Right To Counsel In Post-Conviction Proceedings, William H. Brooks

Vanderbilt Law Review

In 1932 the United States Supreme Court held that the states must provide free legal counsel to indigent defendants in capital cases.' Since then the Court has continued to define the scope of an indigent death row defendant's right to counsel at various critical stages of the defendant's trial and appeal. Following a direct appeal to the state court of appeals and state supreme court, an inmate on death row may seek a writ of certiorari from the United States Supreme Court. A prisoner is not entitled to state appointed counsel for that action.

Next, the defendant may seek post-conviction …

Caplin & Drysdale, Chartered V. United States: Supreme Court Approves Attorney Fee Foreiture, 23 J. Marshall L. Rev. 471 (1990), Stephen M. Kightlinger

UIC Law Review

No abstract provided.

Addressing The Needs Of Attorneys For The Damned, Sean O'Brien

Faculty Works

This article is an introduction to the UMKC Law Review symposium issue dedicated to exploring the topic of capital punishment. UMKC Professor of Law Sean O’Brien shares how the growing importance of capital litigation makes this a timely and appropriate subject for consideration and shares how the university and the Law Review's attention to the death penalty debate contributes to more than just academic discussion.

Gideon V. Wainwright Revisited: What Does The Right To Counsel Guarantee Today?, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

In Gideon v. Wainwright, the Supreme Court unanimously held that indigent state felony defendants are constitutionally entitled to the appointment of trial counsel. The opinion aroused wide support, and even enthusiasm, almost from the moment it was announced in 1963. Two and a half decades later this support has not diminished. However, are the words of praise only lip service to the noble idea of the right to counsel? Has Gideon really made a difference? Has its promise of a fair shake for poor criminal defendants been kept, or has Gideon meant only that defendants are provided with the fleeting …

Sixth Amendment--Applicability Of Right To Counsel Of Choice To Forfeiture Of Attorneys' Fees

Journal of Criminal Law and Criminology

No abstract provided.

A Step Towards Fairness In Capital Litigation: Missouri Resource Center, Sean O'Brien

Faculty Works

No abstract provided.

Who’S Afraid Of The Sanction Wolf: Imposing Sanctions On Pro Se Litigants, Donalda Gillies

Cardozo Law Review

No abstract provided.

Forfeiture Of Attorneys' Fees Under Rico And Cce And The Right To Counsel Of Choice: The Constitutional Dilemma And How To Avoid It, Bruce J. Winick

University of Miami Law Review

No abstract provided.

The Right To A Criminal Appeal In The People's Republic Of China, Margaret Y.K. Woo

Maryland Series in Contemporary Asian Studies

No abstract provided.

Resource Deprivation And The Right To Counsel, Joe Margulies

Journal of Criminal Law and Criminology

No abstract provided.

Right To Counsel In Juvenile Court: An Empirical Study Of When Lawyers Appear And The Difference They Make, Barry C. Feld

Journal of Criminal Law and Criminology

No abstract provided.