Legal Profession Commons^™

Aba Explains Prosecutor's Ethical Disclosure Duty, Peter A. Joy, Kevin C. Mcmunigal

Faculty Publications

The ABA Standing Committee on Ethics and Professional Responsibility recently issued an advisory ethics opinion explaining that the ethical duty of the prosecutor under Model Rule 3.8(d) to disclose exculpatory evidence and information to the defendant is separate from, and more expansive than, the disclosure obligations under the Constitution. This column reviews the opinion and its implications for discovery in criminal cases.

The (Lack Of) Enforcement Of Prosecutor Disclosure Rules, Kevin C. Mcmunigal

Faculty Publications

In this Article, I assess the apparent prospects for increased disciplinary enforcement of state ethics rules based on Rule 3.8(d) of the American Bar Association's (“ABA”) Model Rules of Professional Conduct that mandates prosecutorial disclosure of exculpatory information. In particular, I focus on whether it makes sense to view recent ABA Formal Opinion 09-454, in which the ABA gave an expansive reading to Model Rule 3.8(d), as the bellwether of an era of increased enforcement of ethical disclosure rules for prosecutors.

Is Our Students Learning - Using Assessments To Measure And Improve Law School Learning And Performance, 15 Barry L. Rev. 73 (2010), Rogelio A. Lasso

UIC Law Open Access Faculty Scholarship

No abstract provided.

Good But Not Great: Improving Access To Public Records Under The D.C. Freedom Of Information Act, 13 D.C. L. Rev. 359 (2010), Margaret B. Kwoka, Melissa Davenport

UIC Law Open Access Faculty Scholarship

No abstract provided.

Deceit In Defense Investigations, Peter A. Joy, Kevin C. Mcmunigal

Faculty Publications

Prosecutors and police routinely employ misrepresentation and deceit in undercover investigations. In cases ranging from drug distribution, prostitution, and sexual misconduct with minors to organized crime and terrorism, police and those cooperating with police deceive suspects and their cohorts about their identities and their intentions in order to gain information to help uncover past crimes and thwart future crimes. Frequently, such deceit helps reveal the truth about what criminals do and think.

May defense lawyers and investigators working for them employ similar tactics? Or should prosecutors be the only lawyers allowed to direct and supervise investigatory deception? In recent years, …

Henry King, Erik M. Jensen

Faculty Publications

Henry King and I both began at Case Western Reserve in 1983, memorialized in an issue of In Brief, the law school magazine, that has a cover photo showing total devastation. It looks like the aftermath of a faculty meeting, but the picture is really of bombed-out Nuremberg, of course.

Saving Civil Justice: Judging Civil Justice, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

No abstract provided.

Uk Law Notes, 2010, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

Arbitrariness: Why The Most Important Idea In Administrative Law Can't Be Defined, And What This Means For The Law In General, R. George Wright

University of Richmond Law Review

No abstract provided.

Revealing The Naked Truth About Solos, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

Like most tabloid journalism, the truth about solos is a lot less titillating than the headlines. This group of lawyers makes up the largest segment of legal practitioners in New York and every other state in the United States. Outside of metropolitan areas, solos represent the bulk of most law practices, and even a “large” firm in many small towns likely will have five lawyers or fewer.

Straightening Up: Black Women Law Professors, Interracial Relationships And Academic Fit(Ting) In, Adele M. Morrison

Law Faculty Research Publications

No abstract provided.

Winter 2010 Magazine

Ergo

No abstract provided.

'France' In An Encyclopedia Of Infanticide. Ed. Brigitte Bechtold And Donna Cooper Graves. Edwin Mellen Press, 2010. 105-107., Sara L. Kimble

School of Continuing and Professional Studies Faculty and Staff Works

No abstract provided.

Representing Children And Youth, Donald N. Duquette, Ann M. Haralambie

Book Chapters

The role of the child's attorney is unique in American jurisprudence and not yet clearly defined by law or tradition. There is a growing consensus, however, that children in dependency cases should have lawyers who are as active and as involved in their cases as are lawyers for any other party in any other litigation. Yet there continues to be confusion and debate over the role and duties of the lawyer, particularly as to what voice the child should have in determining the direction and goals of the litigation. Policy makers have differed as to whether the child's lawyer should …

Non-Adversarial Case Resolution, Donald N. Duquette

Book Chapters

A lawyer practicing in child welfare is increasingly likely to either want to refer a case to a Non-Adversarial Case Resolution (NACR) program or to be ordered into NACR by the court. This chapter is intended to orient a lawyer to the most common forms of NACR in the United States today, prepare him or her to participate competently in that structure, and to encourage more widespread use of these promising alternatives.

Know The Mission: A Lawyer's Duty To A Nonprofit Entity During An Internal Investigation, Joseph Anthony Valenti

St. Thomas Law Review

Neither Black's Law Dictionary nor Merriam-Webster's Dictionary defines the term internal investigation. Practitioners note that "[t]here is no standard definition of the term 'internal investigation.'" Without knowing what an internal investigation is, how can one define who conducts them and where they are conducted?

Anger, Irony, And The Formal Rationality Of Professionalism, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.

Lifelong Learning In Professionalism - An Introduction, Stephen G.A. Pitel, Trevor C. W. Farrow

Articles & Book Chapters

No abstract provided.

Mindfulness, Emotions, And Mental Models: Theory That Leads To More Effective Dispute Resolution, Peter Reilly

Faculty Scholarship

At the core of nearly all great negotiators, mediators, lawyers, and leaders is a person who has learned to connect with other people, that is, to build relationships of trust, cooperation, and collaboration. This Article argues that when people learn a sense of "self" and "other" through both theoretical and practical knowledge and understanding of mindfulness and human emotion, connections with others are more likely to be made, and important relationships are more likely to be built.

My goal, then, is to begin thinking about how one might bring mindfulness and emotions from the “mind level” to what human relations …

Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark Edwin Burge

Faculty Scholarship

In the Harry Potter world, the magical population lives among the non-magical Muggle population, but we Muggles are largely unaware of them. This secrecy is by elaborate design and is necessitated by centuries-old hostility to wizards by the non-magical majority. The reasons behind this hostility, when combined with the similarities between Harry Potter-stylemagic and American law, make Rowling’s novels into a cautionary tale for the legal profession that it not treat law as a magic unknowable to non-lawyers. Comprehensibility — as a self-contained, normative value in the enactment interpretation, and practice of law — is given short-shrift by the legal …