Category Archives: Articles

Stop Blaming the Prosecutors: The Real Causes of Wrongful Convictions and Rightful Exonerations

Wrongfully convicted and rightfully exonerated criminal defendants spent an average of ten years in prison before exoneration, and the ramifications to the defendants, the criminal justice system, and society are immeasurable. Prosecutorial misconduct, however, is not the primary cause of … Continue reading

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Getting More Than Justice on Paper: Bankruptcy Priorities and the Crisis of Unpaid Wages

Donald Sloat, a fifty-nine-year-old man from Maryland, worked for twenty-two years for Hill Enterprises—a cabinetmaker. Devoted to his job, Mr. Sloat “work[ed] his way up from a carpenter to a project engineer,” until he resigned in 2010. Prior to his … Continue reading

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The Curious Exclusion of Corporations From the Privileges and Immunities Clause of Article IV

In 1869, the U.S. Supreme Court held in Paul v. Virginia that a corporation was not a “citizen” for purposes of the Privileges and Immunities Clause of Article IV of the U.S. Constitution. In so concluding, the Court agreed with … Continue reading

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The Cyber Civil War

Suppose that someone hacked into your email account, stole the content of your emails, and posted them online. All of your email correspondence is now searchable in every search engine. Whomever you mentioned in any of your emails can easily … Continue reading

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Keep Securities Reform Moving: Eliminate the SEC’s Integration Doctrine

Small businesses are regarded as the engine that drives economic growth. Success generally requires that early stage companies be fed with sufficient infusions of capital often. It is therefore imperative that a national policy of economic growth provide adequate capital-formation … Continue reading

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THE RULE OF LAW: A CURRENTLY INCOHERENT IDEA THAT CAN BE REDEEMED THROUGH VIRTUE

The crucial idea of “the rule of law” comes in several varieties, or conceptions. One family of traditional conceptions of the rule of law focuses primarily on procedures, processes, formalities, and decision-making structures. Another family of rule of law conceptions … Continue reading

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BELIEVE IT OR NOT: MITIGATING THE NEGATIVE EFFECTS PERSONAL BELIEF AND BIAS HAVE ON THE CRIMINAL JUSTICE SYSTEM

Anyone who has visited a courtroom or two in Florida may have noted the inscription on the wall behind the judge. It boldly states: “We Who Labor Here Seek the Truth.” This Article examines both a prosecutor’s and a defense … Continue reading

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THE IMPLICATIONS OF INCORPORATING THE EIGHTH AMENDMENT PROHIBITION ON EXCESSIVE BAIL

The Eighth Amendment prohibition on “excessive bail”1 is perhaps the least developed of the criminal clauses in the Bill of Rights.  The reasons have nothing to do with a scarcity of complaints about excessive bail in the trial courts. At … Continue reading

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LAWYER-CLIENT CONFIDENTIALITY: RETHINKING THE TRILEMMA

The trilemma refers to three ethical obligations bearing on lawyerclient confidentiality, all of which a lawyer cannot simultaneously obey when faced with client perjury. A lawyer is required (1) to learn as much as possible about a client’s case; (2) … Continue reading

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DILEMMAS OF SHARED PARENTING IN THE 21ST CENTURY: HOW LAW AND CULTURE SHAPE CHILD CUSTODY

Here’s the story: Odysseus, who is known as Odysseus the Cunning (or Ulysses for you Latin scholars) is trying to get home to his beloved wife Penelope. It’s taking him twenty years, but as you know, he’s so cunning he won’t ask for … Continue reading

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