Category Archives: Articles

Representing Capital Clients and the Elusive Quest for “Meaningful Access to Justice”

All capital cases begin with a tragedy. Just as Cain bore a mark as the killer of his brother, those who stand accused of murder as well as those judged as murderers bear a mark—a mark for breaking the social … Continue reading

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The “Charles Stimson” Rule and Three Other Proposals to Protect Lawyers from Lawyers

Lawyers can be “at the edge” for many different reasons. For purposes of this Article, I define “at the edge” to mean lawyers who for one of two reasons encounter risks of, or actual harm to, their career, freedom, physical … Continue reading

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Henry Lord Brougham—Advocating at the Edge for Human Rights

In 1858, Abraham Lincoln, who is renowned today throughout the world as the Great Emancipator, gave the following racist speech to his fellow citizens in the Lincoln-Douglas debates: I am not, nor ever have been in favor of bringing about … Continue reading

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The Legal Profession’s Failure to Discipline Unethical Prosecutors

White students at Jena High School in Jena, Louisiana, hung nooses from a tree at the high school, provoking a series of fights between groups of black and white students. Punches were thrown on both sides, and both black and … Continue reading

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Ethical Concerns in Grooming the Criminal Defendant for the Witness Stand

In this age of reality television, when just about any area of endeavor is Monday-morning quarterbacked by talking heads of various levels of expertise and vitriol, the criminal trial remains a front contender, whether by virtue of celebrity or heinousness. … Continue reading

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Judges as Humans: Interdisciplinary Research and the Problems of Institutional Design

We demand a lot from judges. The job description calls for traits such as impartiality, fairness, independence, integrity, civility, and professionalism. What is more, the judge should exemplify these traits not merely on good days, but every day in every … Continue reading

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Holding the Due Process Line For Asylum

In the summer of 2007, as scandals surround the Department of Justice (“DOJ”), Monica Goodling’s testimony before Congress drew national attention to the systemic failings of the U.S. immigration courts. The improper hiring practices described by the former Justice Department … Continue reading

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Client Choice, Contractual Restraints, and the Market for Legal Services

The freedom of clients to discharge their lawyers at any time, with or without cause, greatly facilitates competition among lawyers. An era of lawyer mobility that has destabilized law firms and rewarded lawyers able to command the loyalty of their … Continue reading

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Federal Student Loan Repayment Assistance for Public Interest Lawyers and Other Employees of Governments and Nonprofit Organizations

In two provisions of the CCRAA, Congress has significantly improved access to higher education, particularly graduate and professional education, for persons who would like to have lower-paying public service careers, but who will be saddled by high educational debts incurred … Continue reading

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Cooperative Federalism and Wind: A New Framework for Achieving Sustainability

Since taking office in January 2009, President Barack Obama has made energy independence a national priority, calling upon Americans to “confront[] our dependence on foreign oil, address[] the moral, economic and environmental challenge of global climate change, and build[] a … Continue reading

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