Law Commons^™

Prosecutorial Misconduct: Mass Gang Indictments And Inflammatory Statements, K. Babe Howell

Dickinson Law Review (2017-Present)

This Article examines inflammatory statements by prosecutors in the context of mass gang indictments. I contend that inflammatory remarks not only harm the justice system and defendants, particularly minorities, but also that, when prosecutors craft and repeat hyperbolic narratives about vicious gang wars, prosecutors may come to believe the narratives and become effectively blinded to the fact that these narratives are improper, unfair, and untrue. First, I review the professional rules, standards, and case law that prohibit. Then, drawing on press releases and trial transcripts from two mass gang indictments in New York City, I demonstrate how prosecution statements exaggerate …

Joinder, Conspiracy, And Racketeering: Charging Issues Arising In The Prosecution Of Staged-Accident Insurance Schemes, Michael C. Kovac

Nevada Law Journal

No abstract provided.

Summary Of Recent Developments In Texas Legal Malpractice Law Symposium: Legal Malpractice And Professional Responsibility., Steve Mcconnico, Robyn Bigelow

St. Mary's Law Journal

Although the number of malpractice suits may not be increasing, the way plaintiffs are pleading these suits is changing dramatically and resulting in increased potential for attorney liability. Recent changes in the nature of liability led to increased potential for damages and a trend of high dollar settlements in malpractice cases. These changes may significantly impact the ability of lawyers in Texas to avoid liability while representing clients and preserving client confidences. Texas law generally limits malpractice claims to clients against their attorneys; but non-clients are increasingly succeeding in creatively pleading causes of action by alleging fraud, conspiracy, and negligent …

The Impending Wave Of Legal Malpractice Litigation - Predictions, Analysis, And Proposals For Change., Gary N. Schumann, Scott B. Herlihy

St. Mary's Law Journal

Attorneys tend to be viewed antithetically, at once both greedy and manipulative, but also respected and admired. Given this odd mixture of respect and disdain, attorneys are fortunate to have generally avoided being targets as potential defendants. Nevertheless, circumstances in Texas have changed, creating a new legal climate wherein attorneys may soon become defendants of choice. Attorneys in Texas are at a significantly greater risk of becoming the subject of a malpractice suit than they were in the past. Yet, simply because statistics indicate an increase in the number of malpractice claims, this does not mean more malpractice is being …

Changing The Nature Of Corporate Representation: Attorney Liability For Aiding And Abetting The Breach Of Fiduciary Duty Comment., Stanley Pietrusiak Jr.

St. Mary's Law Journal

In 1983, the American Bar Association (ABA) comprehensively defined corporate counsel’s ethical duties in situations where a corporate officer engages in conduct which could substantially harm the organization. In such cases, the nature of the corporate attorney’s duties depends on whether the officer’s conduct is illegal or whether the officer made a policy decision which falls short of illegality. Rule 1.13 of the Model Rules of Professional Conduct imposes the duty on corporate counsel to take steps to stop corporate officers from engaging in illegal conduct which is likely to result in substantial injury to the organization. Conversely, counsel is …

United States Customs Law Affecting The Movement Of Goods Into And Out Of Mexico., Robert T. Givens, Rayburn Berry

St. Mary's Law Journal

Trade between the United State and Mexico rose dramatically over the past decade. Several factors account for this increase in trade. These factors include the relative weakness of the Mexican currency, growth of the maquiladora industry, and increased Mexican production of exportable products generally. Other factors include Mexico’s 1986 accession to General Agreements Tariff and Trade (GATT), the resultant lowering of Mexican customs duties, and a good long-term working relationship between the two countries. If ongoing negotiations culminate in a North American Free Trade Agreement (NAFTA) the trend will accelerate.

Laws regulating the importation of merchandise into the United States …

"Congress Shall Make No Law…":Ii, O. John Rogge

Michigan Law Review

The framers of the federal bill of rights by the First and Tenth Amendments sought to deny Congress power over utterances unless they were connected with criminal conduct other than advocacy. Any power over such utterances was to reside in the states. However, the Supreme Court departed from the framers' intent.

One of the factors in this development was the emergence of an undefined federal police power. This occurred largely under the commerce and postal clauses. It began over a century ago. As early as 1838 Congress passed a law requiring the installation of safety devices upon steam vessels. Beginning …