Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
-
- David C. Gray (4)
- Adam Lamparello (3)
- Kaitlyn E Tucker (3)
- Daniel M Braun (2)
- Danielle Keats Citron (2)
-
- Hadar Aviram (2)
- Michael L Perlin (2)
- Rebecca Sharpless (2)
- Amy J. Sepinwall (1)
- Andrew Selbst (1)
- Anthony J. Ghiotto (1)
- Avidan Cover (1)
- Aya Gruber (1)
- Bailey H. Kuklin (1)
- Benjamin L. Apt (1)
- D'Andre Devon Lampkin (1)
- David S Caudill (1)
- Derek R VerHagen (1)
- Don R Berthiaume (1)
- Dru Stevenson (1)
- Gary J Kowaluk (1)
- Hillary A Henderson (1)
- Hugh Mundy (1)
- Jaimie K. McFarlin (1)
- Jared J Hight (1)
- Jennifer Riso (1)
- John D Gleissner Esquire (1)
- Juliet P Stumpf (1)
- Keith A Findley (1)
- Mark A. Velez (1)
- File Type
Articles 61 - 62 of 62
Full-Text Articles in Law
Legally Blind: Hyperadversarialism, Brady Violations, And The Prosecutorial Organizational Culture, Hadar Aviram
Legally Blind: Hyperadversarialism, Brady Violations, And The Prosecutorial Organizational Culture, Hadar Aviram
Hadar Aviram
Recently, in Connick v. Thompson (2011), the Supreme Court held that the failure of several prosecutors to disclose to the defense the blood type of the perpetrator, which did not match the defendant’s blood type, was not a systematic defect that required training of staff. According to the Court the prosecutors’ misconduct, and lack of training in Brady discovery duties, did not constitute “deliberate indifference” by the municipality, which would have entitled the exonerated defendant to relief under §1983. This Article criticizes the decision--and Brady policies in general—for their narrowness and excessive reliance on indications of intent or bad faith. …
Where Did My Privilege Go? Congress And Its Discretion To Ignore The Attorney-Client Privilege, Don Berthiaume, Jeffrey Ansley
Where Did My Privilege Go? Congress And Its Discretion To Ignore The Attorney-Client Privilege, Don Berthiaume, Jeffrey Ansley
Don R Berthiaume
“The right to counsel is too important to be passed over for prosecutorial convenience or executive branch whimsy. It has been engrained in American jurisprudence since the 18th century when the Bill of Rights was adopted... However, the right to counsel is largely ineffective unless the confidential communications made by a client to his or her lawyer are protected by law.”[1] So said Senator Arlen Specter on February 13, 2009, just seven months before Congress chose to ignore the very privilege he lauded. Why then, if the right to counsel is as important as Senator Specter articulated, does Congress maintain …