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Full-Text Articles in Law
The Development Of Intellectual Disabilities In United States Capital Cases And The Modern Application Of Moore V. Texas To State Court Decisions, Dr. Alexander Updegrove
The Development Of Intellectual Disabilities In United States Capital Cases And The Modern Application Of Moore V. Texas To State Court Decisions, Dr. Alexander Updegrove
University of Massachusetts Law Review
Although in 1989 the Supreme Court of the United States initially held that the Eighth Amendment did not prohibit executing persons with intellectual disabilities in Penry v. Lynaugh, in 2002 it subsequently reversed this decision in Atkins v. Virginia, citing changing state legislation. Since the Atkins decision, state courts have interpreted the Court’s Atkins provisions in a variety of ways, some more faithfully than others. As a result, the Court provided additional clarification in its 2014 and 2015 Hall v. Florida and Brumfield v. Cain decisions, ruling that states must apply a Standard Error of Measurement of +5/-5 to all …
Popular Culture As A Lens On Legal Professionalism, Hillary B. Farber, Alexander Scherr
Popular Culture As A Lens On Legal Professionalism, Hillary B. Farber, Alexander Scherr
Faculty Publications
This Article argues that the cultural images of lawyering provide opportunities for teaching professionalism that go well beyond the teaching of ethical rules using hypothetical facts. We contend that use of different media allows teachers to chart the broad middle ground between disciplinary minima and aspirational maxima - the map of realistic professional practice. This ground includes both rule- and conduct-based ideas of professionalism: careful role definition; responsible practice management; appropriate balance between public and private commitments; and concerns over manners, dress, and work ethic. The middle ground also includes less traditional content, discussion of which brings students to appreciate …