Author Archives: admin

The Influence of the American Lawyers’ Code of Conduct on ABA Rules and Standards

In 1980, the Kutak Commission published a Discussion Draft of the American Bar Association’s Model Rules of Professional Conduct (“Model Rules”). Out of concern that the Model Rules would not adequately reflect the views of practicing lawyers, or adequately protect … Continue reading

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Lawyering in the Supreme Court

At the beginning of the Supreme Court Term, Marcia Coyle, who is one of the Supreme Court reporters for the National Law Journal, wrote an article about the upcoming Supreme Court Term. And one of the things that she focused … Continue reading

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The Civil Government Litigator: A View From the Jury Box

Much has been written about the professional role and responsibilities of criminal prosecutors. Prosecutors are considered ethically and professionally exceptional. Courts and the profession expect more from them than from lawyers for private parties: We expect prosecutors to “seek justice.” … Continue reading

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A View From Inside the Ropes: A Prosecutor’s Viewpoint on Disclosing Exculpatory Evidence

In late August 2009, after thirty years as a local and state prosecutor, I began a new position as a Visiting Assistant Professor at the Hofstra University School of Law. Within three weeks of my first class, I received a … Continue reading

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The (Lack of) Enforcement of Prosecutor Disclosure

Criminal defense lawyers and academics have long complained of failures by prosecutors to honor their constitutional and ethical obligations to disclose exculpatory information. In recent years, such prosecutorial failures have gained the attention of a broad audience. The advent of … Continue reading

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Policing Prosecutors: What Role Can Appellate Courts Play?

Thank you for the opportunity to participate in Hofstra’s seventh legal ethics conference. I consider it a privilege to be invited. The goals of this conference are impressive and ambitious, but let me confess that mine is a frustrating topic. … Continue reading

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Federal Rule of Civil Procedure 37(e): Spoiling the Spoliation Doctrine

It certainly cannot be debated that technology has brought about profound change to all aspects of modern society. The legal world has not been immune to the changes brought about by technology, nor to the nuanced questions that have arisen … Continue reading

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Incentivizing Organ Donation: A Proposal to End the Organ Shortage

As of October 6, 2008, over 100,000 people in the United States were waiting for a potentially lifesaving organ transplant. Tragically, each day an average of eighteen people die waiting. A major portion of the organ shortage stems from the … Continue reading

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The Uniform Collaborative Law Act and Intimate Partner Violence: A Roadmap for Collaborative (and Non-Collaborative) Lawyers

When confronted with a thorny and intractable issue like intimate partner violence, it is easier, in the manner of Scarlett O’Hara, to say, “I can’t think about that right now. If I do, I’ll go crazy. I’ll think about that … Continue reading

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The Uniform Collaborative Law Act as a Teaching Tool

While attending the University of Texas School of Law, I had the privilege to work as Legislative Assistant for a member of the Texas House of Representatives. I was energized by the fast-paced negotiations among legislators and the process of … Continue reading

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