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Articles 31 - 33 of 33
Full-Text Articles in Law
Revisiting The Lyons Den: Summers V. Earth Island Institute's Misuse Of Lyons's Realistic Threat Of Harm Standing Test, Bradford Mank
Revisiting The Lyons Den: Summers V. Earth Island Institute's Misuse Of Lyons's Realistic Threat Of Harm Standing Test, Bradford Mank
Faculty Articles and Other Publications
In Summers v. Earth Island Institute, 129 S. Ct. 1142 (2009), the majority and dissenting opinions disagreed about how to apply the “realistic threat” test set forth in Los Angeles v. Lyons, 461 U.S. 95, 107 (1983)). According to Justice Scalia’s majority opinion in Summers, the plaintiff organizations did not have standing to obtain injunctive relief because they failed to prove that their members were likely in the near future to hike on government land on which the Forest Service conducted allegedly illegal sales of timber without public notice and comment and that the facts alleged by …
Reliability Lost, False Confessions Discovered, Mark A. Godsey
Reliability Lost, False Confessions Discovered, Mark A. Godsey
Faculty Articles and Other Publications
The advent of post-conviction DNA testing in the past twenty years has spawned an Innocence Revolution, in which hundreds of Americans imprisoned or on death row for serious crimes like murder and rape have been conclusively proven innocent and released. From studying the cases of wrongful convictions, we now know that eyewitness identification is not nearly as reliable as once believed. We also know that hundreds of innocent people have been convicted through the use of junk science, such as bite mark analysis or microscopic hair comparison, which DNA testing has proven to be wildly inaccurate. Most importantly for my …
Attorney-Client Privilege When The Client Is A Public Official: Litigating The Opening Act Of The Impeachment Drama, Timothy K. Armstrong
Attorney-Client Privilege When The Client Is A Public Official: Litigating The Opening Act Of The Impeachment Drama, Timothy K. Armstrong
Faculty Articles and Other Publications
The divided panel decision of the U.S. Court of Appeals for the D.C. Circuit in /n re Lindsey, 158 F.3d 1263 (D.C. Cir.), cert. denied, 119 S. Ct. 466 (1998), represented a dramatic shift in that court's thinking on the question whether the attorney-client privilege protects what a government official says to his agency's counsel in confidence. Although the court of appeals in at least four previous decisions had held that a government agency client holds the same privilege any other client would under like circumstances to communicate with counsel in private, the Lindsey court took a quite different view.