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Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Legal Profession

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2010

Brigham Young University Law School

Articles 1 - 3 of 3

Full-Text Articles in Law

Government Speech And The Publicly Employed Attorney, Margaret Tarkington Dec 2010

Government Speech And The Publicly Employed Attorney, Margaret Tarkington

BYU Law Review

In Garcetti v. Ceballos, the U.S. Supreme Court incorporated the "government speech" doctrine into its case law regarding the speech rights of public employees. This incorporation had the effect of nullifying a public employee's free speech rights whenever the employee is speaking pursuant to her official duties. While the Garcetti rule may be problematic in a number situations, it is particularly problematic as applied to publicly employed attorney speech, most notably the speech of prosecutors and public defenders. Attorney speech (including the speech of publicly employed attorneys) is not government speech and should not be treated as government speech. A …


Ineffective Assistance Of Counsel In Plea Bargain Negotiations , Paul J. Sampson Mar 2010

Ineffective Assistance Of Counsel In Plea Bargain Negotiations , Paul J. Sampson

BYU Law Review

No abstract provided.


A Fool For A Client: Competency Standards In Pro Se Cases , Reed Willis Mar 2010

A Fool For A Client: Competency Standards In Pro Se Cases , Reed Willis

BYU Law Review

No abstract provided.