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Positivist Legal Ethics Theory And The Law Governing Lawyers: A Few Puzzles Worth Solving, Amy Salyzyn
Positivist Legal Ethics Theory And The Law Governing Lawyers: A Few Puzzles Worth Solving, Amy Salyzyn
Hofstra Law Review
Debates about the proper boundaries of a lawyer’s role are far from new. A fresh spin on this old debate, however, has emerged with the "positivist turn" in legal ethics theory. While in legal theory scholarship the label "positivism" carries various nuances and controversies, its use in the legal ethics context is, as a general matter, more straightforward and uniform. Broadly speaking, positivist accounts of legal ethics share a general view that the law owes its normative content to its ability to solve coordination problems and settle moral controversies. This view of the law, in turn, informs a particular view …
Jury Nullification: What It Is And How To Do It Ethically, Monroe H. Freedman
Jury Nullification: What It Is And How To Do It Ethically, Monroe H. Freedman
Hofstra Law Review
The article discusses the concept of jury nullification (JN) in America as of 2014, and it presents practical advice for U.S. attorneys on how to use the JN process in an ethical manner. The U.S. Supreme Court determined in the 1895 case Sparf v. United States that jurors, who have the power to nullify the law in rendering a general verdict, can also be kept ignorant of their power of nullification. U.S. constitutional laws and several other JN cases are examined.