Fall 2013 | Volume 42: Issue 1
SYMPOSIUM: THE ETHICAL INFRASTRUCTURE AND CULTURE OF LAW FIRMS Table Of Contents Articles FOREWORD: SYSTEMATICALLY THINKING ABOUT LAW FIRM ETHICS: CONFERENCE ON THE ETHICAL INFRASTRUCTURE AND CULTURE...
View ArticleSpring 2015 | Volume 43: Issue 3
Volume 43 | Issue 3| Spring 2015 Table Of Contents Articles NO EXECUTION IF FOUR JUSTICES OBJECT by Eric M. Freedman AN EDIFICE OF MISSHAPEN STONES: INTERPRETING FEDERAL RULE OF EVIDENCE 404(A) by...
View ArticleThe Litigation Privilege: Its Place in Contemporary Jurisprudence
Historically, lawyers have been immune from civil liability for statements related to litigation which may injure or offend an opposing party during the litigation process. This protection is referred...
View ArticleIn Defense of the Devil’s Advocate
Among the many controversial positions for which Monroe Freedman advocated during his illustrious career, the one that I find most surprising and uncharacteristic is his contention that lawyers who...
View ArticleThe Prosecutor’s Ethical Duty to End Mass Incarceration
Of the many crises in our criminal justice system, none is more critical than the problem of mass incarceration. The United States has the highest incarceration rate in the world, with over 2.2 million...
View ArticleMonroe Freedman: Prophet of Biblical Justice
Commentators often assert that the overriding ideal behind Professor Monroe Freedman’s distinctive view of legal ethics was individual autonomy. Professor Freedman’s provocative Professional...
View ArticleIn Memory of Monroe Freedman: The Hardest Question for a Prosecutor
This Article honors Monroe Freedman’s iconic piece on the hardest questions for a criminal defense attorney by posing the same question for prosecutors. What is the hardest question for a prosecutor?...
View ArticleCandor in Criminal Advocacy
[I]t is precisely when one tries to act on abstract ethical advice that the practicalities intrude . . . . – Monroe H. Freedman Monroe Freedman’s 1966 article on the three hardest ethics questions for...
View ArticleMonroe Freedman and the Morality of Dishonesty: Multidimensional Legal Ethics...
Well before the turn of the last century, Monroe Henry Freedman’s place in the history of legal ethics had been established. Often, he would be introduced by reference to professional honors. Audiences...
View ArticleDo Prosecutors Really Matter?: A Proposal to Ban One-Sided Bail Hearings
The inspiring story of Gideon v. Wainwright gives lawyers and law students alike the impression that indigent people will be provided with defense counsel when they are charged with a crime. What few...
View ArticleHard Questions and Innocent Clients: The Normative Framework of The Three...
In almost any area of legal counseling and advocacy, the lawyer may be faced with the dilemma of either betraying the confidential communications of his client or participating to some extent in the...
View ArticleDuty of Outrage: The Defense Lawyer’s Obligation to Speak Truth to Power to...
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...
View ArticleForeword, Mission Critical Veterans Health Summit: Addressing the Invisible...
The articles in this Symposium reflect the presentations of panelists at an April 2016 conference, developed by the Gitenstein Institute for Health Law and Policy (“Gitenstein Institute”) at the...
View ArticleHealth Care Issues for Veterans
As of September 2015, there were almost twenty-two million veterans living in the United States. A small percentage of these veterans have seen combat, and a much larger group have supported that...
View ArticleHofstra Mission Critical: The Unified Behavioral Health Center
In April 2016, the Gitenstein Institute for Health Law and Policy at the Maurice A. Deane School of Law at Hofstra University hosted a conference entitled “Mission Critical Veterans Health Summit:...
View ArticleBurden of Mental Illness Among Veterans Seen in VA Primary Care and the...
In addition to the behavioral health collaborative care model, fellow panelists Keith Grant, Veterans Coordinator, Nassau County Department of Human Services, and the author explored some of the...
View ArticlePTSD, TBI, and OTH Discharges: A Case Study of a Young Service Member
At the April 2016 conference, “Mission Critical Veterans Health Summit: Addressing the Invisible Wounds of Our Nation’s Veterans,” hosted by the Gitenstein Institute for Health Law and Policy...
View ArticleContemporary Perspectives on Wrongful Conviction: An Introduction to the 2016...
Innocent people have been convicted of crimes they did not commit throughout history. The exact number of wrongful convictions is unknowable. In 2014, however, the National Academy of Sciences (“NAS”)...
View ArticleWrongfully Convicted in California: Are There Connections Between...
According to the National Registry of Exonerations, 1900 documented exonerations have occurred in the United States since 1989, with 166 coming from California. From the national data, we have...
View ArticleStrange Bedfellows: Can Insurers Play a Role in Advancing Gideon’s Promise?
Over fifty years ago, Gideon v. Wainwright resoundingly embraced the principle that public defenders are “necessities, not luxuries” and as such, are required to protect the accused person’s...
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