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A Tribute to Monroe Freedman

Good evening. It is an honor to be with you tonight to celebrate the life and career of Monroe Freedman. As we all know, Monroe Freedman was truly a legal giant; a prolific, thoughtful, and provocative scholar; an advocate for … Continue reading

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In Memoriam: Profesor Monroe H. Freedman

The Board of Editors of Volume 44 of the Hofstra Law Review dedicates this Volume to the memory of Professor Monroe H. Freedman, the second dean of the Maurice A. Deane School of Law at Hofstra University. A giant in … Continue reading

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Three Part Symposium

THREE PART SYMPOSIUM: THE TENTH ANNIVERSARY OF THE ABA CAPITAL DEFENSE GUIDELINES: THE ROAD TRAVELED AND THE ROAD TO BE TRAVELED Three Part Death Penalty Symposium Part One Table Of Contents: Part One INTRODUCTION by Eric M. Freedman ENFORCING THE … Continue reading

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The ABA Guidelines and the Norms of Capital Defense Representation by Russell Stetler & W. Bradley Wendel

The ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases (“Guidelines”), as revised in 2003, continue to stand as the single most authoritative summary of the prevailing professional norms in the realm of capital defense … Continue reading

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Overlooked Guidelines: Using the Guidelines to Address the Defense Need for Time and Money by Meredith Martin Rountree & Robert C. Owen

In 2003, Professor Eric M. Freedman, Reporter for the revised ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases (“ABA Guidelines”), observed that one of the ABA Guidelines’ central virtues was to recognize that the … Continue reading

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Professional Discipline of Death Penalty Lawyers and Judges by Monroe H. Freedman

On this, the fiftieth anniversary of Gideon v. Wainwright’s broken promise, I have been asked to propose guidelines that (a) provide professional discipline of lawyers who fail to provide competent representation in death penalty cases, but that (b) do not … Continue reading

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Enforcing the ABA Guidelines in Capital State Post-Conviction Proceedings After Martinez and Pinholster by Eric M. Freedman

The American Bar Association (“ABA”) Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases1 (“Guidelines”) mandate “high quality legal representation in accordance with these Guidelines” from the moment of arrest until the prosecution is no longer … Continue reading

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