Law Commons^™

Some Reflections On Ethics And Plea Bargaining: An Essay In Honor Of Fred Zacharias, R. Michael Cassidy

R. Michael Cassidy

In this article the author explores what it means for a prosecutor to “do justice” in a plea bargaining context. Although the vast majority of criminal cases in the United States are resolved by guilty plea rather than by trial, ABA Model Rule 3.8, the special disciplinary rule applicable to prosecutors, has very little to say about plea bargaining. Scrutinizing the multiplicity of interests at stake in plea bargaining, the author suggests that a prosecutor’s primary objectives during negotiations should be efficiency, equality, autonomy, and transparency. After defining each of these terms, the author identifies several troublesome and recurring practices …

Meaningful Reform Of Plea Bargaining: The Control Of Prosecutorial Discretion, Donald G. Gifford

Donald G Gifford

No abstract provided.

Formalizing Legal Reputation Markets, Jamison M. Davies

Jamison M. Davies

Prior research indicates that having a reputation for cooperative problem solving in a negotiation (an "integrative" approach) leads to better substantive outcomes for both negotiating parties. This paper models a market for negotiation reputations and proposes some market-oriented solutions that would create incentives for attorneys to cultivate better negotiation reputations and thus produce better outcomes for clients.

Getting Good Results For Clients By Building Good Working Relationships With "Opposing Counsel", John Lande

John Lande

Lawyers’ relationships with their “opposing counsel” make a big difference in how well they handle their cases. “Opposing counsel” often do oppose each other, sometimes quite vigorously, though they also regularly cooperate with each other. In the normal course of litigation, lawyers need to cooperate on many procedural matters. In some cases, they also cooperate to achieve their respective clients’ substantive interests. If the lawyers have a bad relationship, the case is likely to be miserable for everyone involved. If they have a good relationship, they are more likely to agree on procedural matters, exchange information informally, take reasonable negotiation …

Why Negotiation Should Be A Required Course In Law School (And How To Deliver It In A Cost -Effective Manner), Howard E. Katz

Howard E Katz

This article argues that a course in Negotiation should be required or strongly suggested, and offered earlier in the curriculum and to more students than is the norm. It then suggests how to deliver the course in a more cost-effective manner using adjuncts along with full-time faculty.

Negotiating Federalism, Erin Ryan

Erin Ryan