Tag Archives: Volume 36 Issue 3

The Public Policy Exception, “The Freedom of Speech, or of the Press,” and the Uniform Foreign-Country Money Judgments Recognition Act

The Uniform Foreign Money-Judgments Recognition Act (“1962 Act”) was drafted by the National Conference of Commissioners on Uniform State Laws (“N.C.C.U.S.L.”) in 1962. The drafters hoped that states would codify the 1962 Act’s rules, long applied by the majority of … Continue reading

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The Enhanced Arbitration Appeal Amendment: A Proposal to Save American Jurisprudence from Arbitration, Modeled on the English Arbitration Act of 1996

Arbitration, once relegated to commercial parties and disdained by the courts, has realized an expansive place in our adjudicatory regime. Even the local consumer who wishes to exterminate a termite infestation may find herself shunted to arbitration in a dispute … Continue reading

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Using The Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases To Change The Picture In Post-Conviction (PDF)

All murder cases are difficult to defend. But a murder case that has already resulted in (1) a conviction of capital murder, (2) a jury’s sentence of death, (3) a state supreme court’s conclusion that the jurors got it right, … Continue reading

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Competent Capital Representation: The Necessity Of Knowing And Heeding What Jurors Tell Us About Mitigation (PDF)

At the conclusion of the penalty phase—after the evidence is heard, the closing arguments given and the instructions read—the jurors enter the jury room faced with a binary choice: each juror must decide whether the defendant should live or die. … Continue reading

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Understanding Defense-Initiated Victim Outreach And Why It Is Essential In Defending A Capital Client (PDF)

A murder evokes empathy. Upon first hearing of a murder in our communities, we immediately feel sadness and loss and an outpouring of feeling for the people who loved the victim. We shudder with them. We feel drawn to express … Continue reading

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Mitigation Abroad: Preparing A Successful Case For Life For The Foreign National Client (PDF)

Although defending any capitally charged client always presents enormous challenges, representing a foreign national can be particularly difficult for the entire defense team. Linguistic and cultural barriers that adversely affect building a productive attorney-client relationship and the problem of finding … Continue reading

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Getting It Right: Life History Investigation As The Foundation For A Reliable Mental Health Assessment (PDF)

Over the last thirty years, the scope and admissibility of mitigating evidence in death penalty cases has been litigated at all levels of our courts and at all stages of capital proceedings. Over time, the direction of the courts has … Continue reading

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The Importance Of Recognizing Trauma Throughout Capital Mitigation Investigations And Presentations (PDF)

Psychological trauma lies at the heart of death penalty cases. This is most immediately and obviously true because of the unspeakable grief and irrevocably altered lives that follow the loss of a loved one to homicide. But it is also … Continue reading

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Cultural Competency In Capital Mitigation (PDF)

“The basic concept underlying the Eighth Amendment is nothing less than the dignity of man,” and contemporary constitutional standards recognize “[t]he need for treating each defendant in a capital case with that degree of respect due the uniqueness of the … Continue reading

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Evolving Standards Of Decency: Advancing The Nature And Logic Of Capital Mitigation (PDF)

Several years ago, I began work on a book about the system of capital punishment in the United States, the thesis of which was that the process of death sentencing required ordinary people (as citizens, voters and, especially, as jurors) … Continue reading

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