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Articles 1 - 9 of 9
Full-Text Articles in Law
Rwu's New 'Rising Tide' Of Educational Opportunity 9-8-2016, Roger Williams University
Rwu's New 'Rising Tide' Of Educational Opportunity 9-8-2016, Roger Williams University
School of Law Conferences, Lectures & Events
No abstract provided.
Not All Plea Breaches Are Equal: Examining Heredia’S Extension Of Implicit Breach Analysis, Kevin Arns
Not All Plea Breaches Are Equal: Examining Heredia’S Extension Of Implicit Breach Analysis, Kevin Arns
Northwestern University Law Review
When the government enters into a plea agreement with a criminal defendant that stipulates that the government will give a specific sentence recommendation in exchange for the defendant’s guilty plea, it can implicitly breach that agreement by clearly distancing itself from the recommendation at the sentencing hearing. In most circuits, the implicit breach of a non-court-binding plea agreement—an agreement where the defendant is bound to the guilty plea even if the court rejects the sentence recommendation—entitles defendants to a remedy. However, in 2014, the Ninth Circuit was the first circuit to hold that a defendant is entitled to a remedy …
Judging Judicial Elections, Michael S. Kang, Joanna M. Shepherd
Judging Judicial Elections, Michael S. Kang, Joanna M. Shepherd
Michigan Law Review
Melinda Gann Hall’s new book Attacking Judges: How Campaign Advertising Influences State Supreme Court Elections suggests what seems impossible to many of us—a powerful defense of today’s partisan judicial elections. As judicial races hit new levels of campaign spending and television advertising, there has been a flood of criticism about the increasing partisanship, negativity, and role of money. In view of the “corrosive effect of money on judicial election campaigns” and “attack advertising,” the American Bar Association (ABA) recommends against judicial elections, which are currently used to select roughly 90 percent of state judges. Justice O’Connor, who has championed judicial-election …
In-House Counsel Beware!, Katrice Bridges Copeland
In-House Counsel Beware!, Katrice Bridges Copeland
Fordham Urban Law Journal
No abstract provided.
Teaching The Art Of Defending A White Collar Criminal Case, Katrice Copeland
Teaching The Art Of Defending A White Collar Criminal Case, Katrice Copeland
Katrice Bridges Copeland
This Article discusses the author's experience with effectively teaching a white collar crime course.
Criminal Defense Clinic, Legal Clinic Program
Criminal Defense Clinic, Legal Clinic Program
Course Descriptions and Information
This clinic focuses on the representation of indigent clients charged with misdemeanor criminal offenses in county courts in the Ninth Judicial Circuit of Florida. Students will represent low-income clients charged with misdemeanor criminal offenses from the surrounding community as well as those defendants appointed by the court who qualify for free legal services.
Designing Plea Bargaining From The Ground Up: Accuracy And Fairness Without Trials As Backstops, Stephanos Bibas
Designing Plea Bargaining From The Ground Up: Accuracy And Fairness Without Trials As Backstops, Stephanos Bibas
All Faculty Scholarship
American criminal procedure developed on the assumption that grand juries and petit jury trials were the ultimate safeguards of fair procedures and accurate outcomes. But now that plea bargaining has all but supplanted juries, we need to think through what safeguards our plea-bargaining system should be built around. This Symposium Article sketches out principles for redesigning our plea-bargaining system from the ground up around safeguards. Part I explores the causes of factual, moral, and legal inaccuracies in guilty pleas. To prevent and remedy these inaccuracies, it proposes a combination of quasi-inquisitorial safeguards, more vigorous criminal defense, and better normative evaluation …
Infinity Goes On Trial: Sanism, Pretextuality, And The Representation Of Defendants With Mental Disabilities, Michael L. Perlin
Infinity Goes On Trial: Sanism, Pretextuality, And The Representation Of Defendants With Mental Disabilities, Michael L. Perlin
Articles & Chapters
This paper, presented to the mid-winter meeting of the National Association of Criminal Defense Lawyers (Austin, TX, 2/18/16), explains why it is essential for lawyers representing criminal defendants with mental disabilities to understand the meanings and contexts of sanism - a largely invisible and largely socially acceptable irrational prejudice of the same quality and character of other irrational prejudices that cause (and are reflected in) prevailing social attitudes of racism, sexism, homophobia, and ethnic bigotry - and pretextuality - the means by which courts regularly accept (either implicitly or explicitly) testimonial dishonesty, countenance liberty deprivations in disingenuous ways that bear …
The Antidemocratic Sixth Amendment, Janet Moore
The Antidemocratic Sixth Amendment, Janet Moore
Faculty Articles and Other Publications
Criminal procedure experts often claim that poor people have no Sixth Amendment right to choose their criminal defense lawyers. These experts insist that the Supreme Court has reserved the Sixth Amendment right to choose for the small minority of defendants who can afford to hire counsel. This Article upends that conventional wisdom with new doctrinal, theoretical, and practical arguments supporting a Sixth Amendment right to choose for all defendants, including the overwhelming majority who are indigent. The Article’s fresh case analysis shows the Supreme Court’s “no-choice” statements are dicta, which the Court’s own reasoning and rulings refute. The Article’s new …