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Full-Text Articles in Law

Evolving Standards Of Reasonableness: The Aba Standards And The Right To Counsel In Plea Negotiations, Margaret Colgate Love Feb 2016

Evolving Standards Of Reasonableness: The Aba Standards And The Right To Counsel In Plea Negotiations, Margaret Colgate Love

Fordham Urban Law Journal

The ABA Criminal Justice Standards have been recognized by the Supreme Court as one of the most important sources for determining lawyer competence in right to counsel cases. Because the constitutional test under the Sixth Amendment is whether defense counsel’s performance was “reasonable” under “prevailing professional norms,” the standard of competence is necessarily an evolving one. The Supreme Court's decision in Padilla v. Kentucky underscores the defense bar’s stake in participating in the ABA standard-setting process to guide the development of defense counsel's obligations in plea negotiations. In addition, to the extent the courts give the ABA Standards credence in …


Padilla And Beyond: The Future Of The Defense Function, Hon. Jonathan Lippman Feb 2016

Padilla And Beyond: The Future Of The Defense Function, Hon. Jonathan Lippman

Fordham Urban Law Journal

No abstract provided.


Collateral Consequences: How Reliable Data And Resources Can Change The Way Law Is Practiced, Christopher Gowen, Erin Magary Feb 2016

Collateral Consequences: How Reliable Data And Resources Can Change The Way Law Is Practiced, Christopher Gowen, Erin Magary

Fordham Urban Law Journal

No abstract provided.


A Gauntlet Thrown: The Transformative Potential Of Padilla V. Kentucky, Malia Brink Feb 2016

A Gauntlet Thrown: The Transformative Potential Of Padilla V. Kentucky, Malia Brink

Fordham Urban Law Journal

No abstract provided.


Federal Sentencing During The Interregnum: Defense Practice As The Blakely Dust Settles , Ian Weinstein, Nathaniel Z. Marmur Jan 2004

Federal Sentencing During The Interregnum: Defense Practice As The Blakely Dust Settles , Ian Weinstein, Nathaniel Z. Marmur

Faculty Scholarship

Although the long term impact of Blakely v. Washington is not yet clear, no one can doubt that the case raises a host of immediate, significant and perplexing practical questions for federal criminal defense attorneys. The Supreme Court has granted certiorari in a pair of cases raising Blakely issues and oral argument is scheduled for October 4, 2004. It seems likely that the Supreme Court will offer some guidance by Thanksgiving. Until the Court rules, uncertainty will continue as the lower courts interpret Blakely in disparate ways. Once the Court does rule, many hard questions may remain unanswered. This article …


Ethics In Criminal Advocacy, Symposium, Are Prosecutorial Ethics Standards Different?, Kevin C. Mcmunigal Jan 2000

Ethics In Criminal Advocacy, Symposium, Are Prosecutorial Ethics Standards Different?, Kevin C. Mcmunigal

Fordham Law Review

No abstract provided.


Ethics In Criminal Advocacy, Symposium, The Criminal Defense Lawyer's Fiduciary Duty To Clients With Mental Disability, Christopher Slobogin, Amy Mashburn Jan 2000

Ethics In Criminal Advocacy, Symposium, The Criminal Defense Lawyer's Fiduciary Duty To Clients With Mental Disability, Christopher Slobogin, Amy Mashburn

Fordham Law Review

No abstract provided.


Ethics In Criminal Advocacy, Symposium, Who Stole The Cookie From The Cookie Jar?: The Law And Ethics Of Shifting Blame In Criminal Cases, Ellen Yankiver Suni Jan 2000

Ethics In Criminal Advocacy, Symposium, Who Stole The Cookie From The Cookie Jar?: The Law And Ethics Of Shifting Blame In Criminal Cases, Ellen Yankiver Suni

Fordham Law Review

No abstract provided.