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Full-Text Articles in Law
The Politics Of Bar Admission: Lessons From The Pandemic, Leslie C. Levin
The Politics Of Bar Admission: Lessons From The Pandemic, Leslie C. Levin
Hofstra Law Review
The controversy over how and whether to administer the July 2020 bar examination during the COVID-19 pandemic upended the usual process of lawyer regulation. New actors—including bar applicants—very publicly challenged regulators’ decisions and questioned the safety and fairness of plans for the bar exam. Some advocated for emergency admission without the need to satisfy the bar examination requirement. Joined by law school deans and faculty, the advocacy occurred against the backdrop of the politicization of COVID-19, street protests over police misconduct and racial inequality, and long-standing skepticism about the value and fairness of the bar exam. Regulators throughout the United …
The Judicial Role In Criminal Charging And Plea Bargaining, Darryl Brown
The Judicial Role In Criminal Charging And Plea Bargaining, Darryl Brown
Hofstra Law Review
No abstract provided.
The Culture Of Misdemeanor Courts, Jessica A. Roth
The Culture Of Misdemeanor Courts, Jessica A. Roth
Hofstra Law Review
The misdemeanor courts that preside over the majority of criminal cases in the United States represent the “front porch” of our criminal justice system. These courts vary in myriad ways, including size, structure, and method of judicial appointment. Each also has its own culture – i.e., a settled way of doing things that reflects deeper assumptions about the court’s mission and its role in the community – which can assist or impede desired policy reforms. This Article, written for a Symposium issue of the Hofstra Law Review, draws upon the insights of organizational culture theory to explore how leaders can …
Judges As Bullies, Abbe Smith
Judges As Umpires, Theodore A. Mckee
A Grand Slam Of Professional Irresponsibility And Judicial Disregard, Stephen A. Saltzburg
A Grand Slam Of Professional Irresponsibility And Judicial Disregard, Stephen A. Saltzburg
Hofstra Law Review
Many examples of bad lawyering and indifferent judicial responses to bad lawyering concern those who seek to raise the standards of professional conduct and assure adequate legal representation for all clients. This article discusses one case (a death penalty prosecution of William Charles Payton for rape, murder and attempted murder in 1981) to illustrate just how poor the performance of lawyers can be and how largely indifferent judges often are to such performances. With the defendant's life on the line, it appears that none of the legally trained professionals at trial did what professional standards required of them. The prosecutor …
Judicial Attitudes Toward Confronting Attorney Misconduct: A View From The Reported Decisions, Judith A. Mcmorrow, Jackie A. Gardina, Salvatore Ricciardone
Judicial Attitudes Toward Confronting Attorney Misconduct: A View From The Reported Decisions, Judith A. Mcmorrow, Jackie A. Gardina, Salvatore Ricciardone
Hofstra Law Review
Over the last 20 years, a rich body of literature has emerged to describe the increasingly complex system of lawyer regulation in the United States. This article studies the available data from the Code of Judicial Conduct and federal and state court opinions to glean a richer understanding of how judges construct their individual and institutional role in this web of attorney regulation. The picture that emerges from the reported decisions in both state and federal court is a desire to maintain the integrity of the judicial process and a concern for the efficiency and fairness in the proceeding before …
With All Due Deference: Judicial Responsibility In A Time Of Crisis, Hon. Shira A. Scheindlin, Matthew L. Schwartz
With All Due Deference: Judicial Responsibility In A Time Of Crisis, Hon. Shira A. Scheindlin, Matthew L. Schwartz
Hofstra Law Review
No abstract provided.
Defense-Oriented Judges, Abbe Smith
Should Lawyers Be Free To Publicly Excoriate Judges?, Hal R. Lieberman
Should Lawyers Be Free To Publicly Excoriate Judges?, Hal R. Lieberman
Hofstra Law Review
No abstract provided.
The Gender Gap On The Federal Bench, Carl Tobias
The Gender Gap On The Federal Bench, Carl Tobias
Hofstra Law Review
No abstract provided.
From Risk-Utility To Consumer Expectations: Enhancing The Role Of Judicial Screening In Product Liability Litigation, Aaron D. Twerski
From Risk-Utility To Consumer Expectations: Enhancing The Role Of Judicial Screening In Product Liability Litigation, Aaron D. Twerski
Hofstra Law Review
No abstract provided.
Tort Law: Expanding The Scope Of Recovery Without Loss Of Jury Control, David A. Fischer
Tort Law: Expanding The Scope Of Recovery Without Loss Of Jury Control, David A. Fischer
Hofstra Law Review
No abstract provided.
Why Creative Judging Won't Save The Products Liability System, James A. Henderson Jr.
Why Creative Judging Won't Save The Products Liability System, James A. Henderson Jr.
Hofstra Law Review
No abstract provided.