Tag Archives: Volume 41: Issue 3

Title III of the JOBS Act: Using Unsophisticated Wealth to Crowdfund Small Business Capital or Fraudsters’ Bank Accounts? by Benjamin P. Siegel

Starting a business is a significant undertaking. Entrepreneurs often work grueling, around-the-clock hours in high-pressure environments for the opportunity to be one of the rare successful businesses that survive the first few tumultuous years. Recently, the impetus behind entrepreneurship has … Continue reading

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Freedom From Food: On the Need to Restore FDR’s Vision of Economic Rights in America, and How It Can Be Done by Evgeny Krasnov

Within the U.S. policy discourse, it has long been taken for granted that the body of human rights law does not—and should not—include economic rights, which include the right to adequate food, shelter, and health care. This is an irony … Continue reading

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At War With The Robots: Autonomous Weapon Systems and the Martens Clause by Tyler D. Evans

The Three Laws of Robotics (“Three Laws”) are an elegant set of hierarchical rules that ethically and physically govern Isaac Asimov’s science fiction robots. The Three Laws are programmatically embedded in the robots’ “positronic brains,” and control their behavior and … 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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