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Articles 1 - 4 of 4
Full-Text Articles in Law
Privileging Public Defense Research, Janet Moore, Ellen Yaroshefsky, Andrew L. Davies
Privileging Public Defense Research, Janet Moore, Ellen Yaroshefsky, Andrew L. Davies
Faculty Articles and Other Publications
Empirical research on public defense is a new and rapidly growing field in which the quality of attorney-client communication is emerging as a top priority. For decades, law has lagged behind medicine and other professions in the empirical study of effective communication. The few studies of attorney-client communication focus mainly on civil cases. They also tend to rely on role-playing by non-lawyers or on post hoc inquiries about past experiences. Direct observation by researchers of real-time defendant-defender communication offers advantages over those approaches, but injecting researchers into the attorney-client dyad is in tension with legal and ethical precepts that protect …
Brief Of The Ethics Bureau At Yale Law School Et Al. As Amici Curiae Supporting Petitioner, Office Of The Public Defender V. Lakicevic, 215 So.3d 112 (2017) (No. 16- 1371)., Janet Moore
Faculty Articles and Other Publications
The vigilant defense of the attorney-client privilege by the courts is critical to preserving the integrity of the lawyer-client relationship. Accordingly, the Appellees’ attempt here to secure the client information from the client’s lawyer must be rejected with the same ardor as if the Appellees sought to swashbuckler through the lawyer’s entire file. If the principle that lawyer-client communications are sacrosanct were compromised in this case, the lessons from such a decision would eviscerate the attorney-client privilege in its entirety. Amici hope that their analysis will provide the Court with all of the constitutional, legal and practical reasons it needs …
She Blinded Me With Science: Wrongful Convictions And The "Reverse Csi-Effect", Mark A. Godsey, Marie Alou
She Blinded Me With Science: Wrongful Convictions And The "Reverse Csi-Effect", Mark A. Godsey, Marie Alou
Faculty Articles and Other Publications
Prosecutors in the United States are often heard to complain these days of the "CSI-effect."' When they make this complaint, they mean that the popularity of television shows like CSI has made it unduly difficult for them to obtain convictions of guilty defendants. Jurors today have become spoiled as a result of the proliferation of these "high-tech" forensic shows, and now unrealistically expect conclusive scientific proof of guilt before they will convict. The unfortunate result is that guilty defendants are acquitted because of a lack of forensic evidence in cases where, in reality, no such forensic evidence was possible or …
Foreign Law As Legislative Fact In Constitutional Cases, A. Christopher Bryant
Foreign Law As Legislative Fact In Constitutional Cases, A. Christopher Bryant
Faculty Articles and Other Publications
Do we really need another law review article about foreign law in constitutional interpretation? In fact, we do. In the vast literature on the subject, a fundamental point has received scant attention. In the recent rulings that have stoked the present controversy, the Supreme Court has employed foreign law not as law, but rather merely as evidence of a legislative fact made relevant by domestic constitutional law. Commentators, however, have largely directed their attention to the merits of a genuine constitutional comparativism in which foreign law serves as a model for the creation of domestic constitutional doctrine. Many commentators have …