Tag Archives: Ellen Yaroshefsky

Duty of Outrage: The Defense Lawyer’s Obligation to Speak Truth to Power to the Prosecutor and the Court When the Criminal Justice System Is Unjust

For decades, scholars, lawyers, and judges have spotlighted what is now recognized as a permanent state of crisis in the system of public defense in the United States. More than fifty years after the watershed decision in Gideon v. Wainwright … Continue reading

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Secret Evidence is Slowly Eroding the Adversary System: CIPA and FISA in the Courts

The Bush administration is reportedly the most secretive in United States history. The unprecedented scope of secrecy in intelligence gathering, detentions, decision-making, data collection, and legislative implementation has recently received public scrutiny. Often justified as essential to preserve national security, … Continue reading

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Military Lawyering at the Edge of the Rule of Law at Guantanamo: Should Lawyers Be Permitted to Violate the Law?

“Where were the lawyers?” is the familiar refrain in the legal profession’s reflection on various corporate scandals. What is the legal and moral obligation of lawyers who have knowledge of ongoing illegality and criminal behavior of their clients? What should … Continue reading

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