Tag Archives: Volume 38 Issue 3

Old Principles, New Technology, and the Future of Notice in Newspapers

The American newspaper industry is dying. Nearly two hundred newspapers have turned their last pages in recent years due to declining advertising and subscription revenue, and the propagation of free information on the Internet. In 2008, the 100-year-old Christian Science … Continue reading

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Google Books: An Orphan Works Solution?

In 2002, Google took on one of the most epic tasks in literary history: creating and maintaining the largest and most comprehensive digital library the world has ever seen. Google aims to include every book ever printed in the endeavor … Continue reading

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Mistrial in 140 Characters or Less? How the Internet and Social Networking are Undermining the American Jury System and What Can Be Done to Fix It

In a scene from the classic American film, 12 Angry Men, Henry Fonda, as the unwavering and steadfast Juror Number Eight, is the lone member of the jury convinced that the prosecution has failed to prove its case against the … Continue reading

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The Influence of the American Lawyers’ Code of Conduct on ABA Rules and Standards

In 1980, the Kutak Commission published a Discussion Draft of the American Bar Association’s Model Rules of Professional Conduct (“Model Rules”). Out of concern that the Model Rules would not adequately reflect the views of practicing lawyers, or adequately protect … Continue reading

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Lawyering in the Supreme Court

At the beginning of the Supreme Court Term, Marcia Coyle, who is one of the Supreme Court reporters for the National Law Journal, wrote an article about the upcoming Supreme Court Term. And one of the things that she focused … Continue reading

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The Civil Government Litigator: A View From the Jury Box

Much has been written about the professional role and responsibilities of criminal prosecutors. Prosecutors are considered ethically and professionally exceptional. Courts and the profession expect more from them than from lawyers for private parties: We expect prosecutors to “seek justice.” … Continue reading

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A View From Inside the Ropes: A Prosecutor’s Viewpoint on Disclosing Exculpatory Evidence

In late August 2009, after thirty years as a local and state prosecutor, I began a new position as a Visiting Assistant Professor at the Hofstra University School of Law. Within three weeks of my first class, I received a … Continue reading

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The (Lack of) Enforcement of Prosecutor Disclosure

Criminal defense lawyers and academics have long complained of failures by prosecutors to honor their constitutional and ethical obligations to disclose exculpatory information. In recent years, such prosecutorial failures have gained the attention of a broad audience. The advent of … Continue reading

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Policing Prosecutors: What Role Can Appellate Courts Play?

Thank you for the opportunity to participate in Hofstra’s seventh legal ethics conference. I consider it a privilege to be invited. The goals of this conference are impressive and ambitious, but let me confess that mine is a frustrating topic. … Continue reading

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