Animus Symposium: Symposium Introduction Article
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Louis J. Virelli, Animus Symposium: Symposium Introduction, 48 Stetson L. Rev. 173 (2019)Clicking on the button will copy the full recommended citation.
Articles
Opportunity in the Age of Alternative Facts Article
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Anne E. Mullins, Opportunity in the Age of Alternative Facts, 58 Washburn L.J. 577 (2019)Clicking on the button will copy the full recommended citation.
A Small Slice of the Chicago Eight Trial Article
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Ellen S. Podgor, A Small Slice of the Chicago Eight Trial, 50 Loy. U. Chi. L.J. 821 (2019)Clicking on the button will copy the full recommended citation.
The Chicago Eight trial was not the typical criminal trial, in part because it occurred at a time of society’s polarization, student demonstrations, and the rise of the House Un-American Activities Committee. Charges were levied against eight defendants, who were individuals that represented leaders in a variety of movements and groups during this time. This Essay examines the opening stages of this trial from the lens of a then relatively new criminal defense attorney, Gerald Lefcourt. It looks at his experiences before Judge Julius Hoffman and highlights how strong, steadfast criminal defense attorneys can make a difference in protecting key constitutional rights and values. Although judicial independence is crucial to a system premised on due process, it is also important that lawyers and law professors stand up to misconduct and improprieties.
Really–You Shouldn’t Have: How Gift Cards Are Not Such a Gift in Bakruptcy Article
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Theresa J. Pulley Radwan, Really–You Shouldn’t Have: How Gift Cards Are Not Such a Gift in Bakruptcy, 49 Uniform Commercial Code Law Journal (2019)Clicking on the button will copy the full recommended citation.
Bennett Gershman on the Prosecutor’s Role as “Minister of Justice” Article
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Ellen S. Podgor, Bennett Gershman on the Prosecutor’s Role as “Minister of Justice”, 16 Ohio St. J. Crim. L. 399 (2019)Clicking on the button will copy the full recommended citation.
Race, Space and Democracy: Locally-Based Strategies for Development Article
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Michèle Alexandre, Race, Space and Democracy: Locally-Based Strategies for Development, 44 The Harbinger 1 (2019)Clicking on the button will copy the full recommended citation.
Throwing the Baby Out with the Bath: Florida’s Flawed Approach to Post-Adoption Inheritance Article
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Cynthia Hawkins DeBose and Brien V. Squires, Throwing the Baby Out with the Bath: Florida’s Flawed Approach to Post-Adoption Inheritance, 18 Conn. Pub. Int. L.J. 187 (2019)Clicking on the button will copy the full recommended citation.
Bruce Jacob: A leading Voice in Public Defense Article
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Ellen S. Podgor, Bruce Jacob: A leading Voice in Public Defense, 48 Stetson L. Rev. 305 (2019)Clicking on the button will copy the full recommended citation.
This Essay examines the events that led to Dean Emeritus Bruce Jacob being the recipient of the National Association of Criminal Defense Lawyers’ (NACDL) prestigious Champion of Indigent Defense Award. Dean Jacob represented the State of Florida in the Gideon v. Wainwright case, arguing for adherence to Betts v. Brady which did not provide the right to counsel for indigent state defendants absent special circumstances. After arguing Gideon in the Supreme Court, he spent much of his career advocating for indigent defendants’ rights to effective assistance of counsel. Although some may find an irony in these two roles, this Essay notes the symmetry when looking at Dean Jacob as a true “minister of justice.”
Calling for a Community Economic Development Code of Ethics Article
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Michèle Alexandre, Calling for a Community Economic Development Code of Ethics, 28 J. Affordable Housing & Commun. Dev. L. 219 (2019)Clicking on the button will copy the full recommended citation.
On January 5, 2019, a group of legal scholars convened a Discussion Group at the AALS 2019 Annual Meeting to examine “race and privilege in Community Economic Development (CED)” with the goal of identifying how CED practice, in general, and experiential and doctrinal law school courses incorporating CED themes, more specifically, “serve to build bridges across racial and socioeconomic boundaries.” Comprised of both clinicians and non-clinicians, this group of scholars was asked to present elements of their individual research that spoke to this and related questions. Many insights were revealed and tested during this discussion. This essay reflects on a notion during the discussion around which there seemed to be consensus and enthusiastic support: that the sustainability of CED practice, as social movement, academic discipline, and legal service could be enhanced by articulating new guiding principles or a code of ethics to ground CED practice in normative principles applicable to communities across the country. The authors of this essay seek to memorialize that discussion and offer a roadmap for the creation of these principles/code of conduct by surfacing and exploring three specific questions:
(1) Why does this endeavor seem crucial?;
(2) How should CED practitioners create and formalize this statement of principles or code of ethics?; and
(3) What would be appropriate CED outcomes in light of the adoption of this statement of principles/code of ethics?
Deregulating Corruption Article
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Ciara Torres-Spelliscy, Deregulating Corruption, 13 Harv. L. & Pol'y Rev. 471 (2019)Clicking on the button will copy the full recommended citation.
The Roberts Supreme Court has, or to be more precise the five most conservative members of the Roberts Court have, spent the last twelve years branding and rebranding the meaning of the word “corruption” both in campaign finance cases and in certain white-collar criminal cases. Not only are the Roberts Court conservatives doing this over the strenuous objections of their more liberal colleagues, they are also breaking with the Rehnquist Court’s more expansive definition of corruption. The actions of the Roberts Court in defining corruption to mean less and less have been a welcome development among dishonest politicians. In criminal prosecutions, politicians convicted of honest services fraud and other crimes are all too eager to argue to courts that their convictions should be overturned in light of the Supreme Court’s lax definition of corruption. In some cases, jury convictions have been set aside for politicians who cite the Supreme Court’s latest campaign finance and white-collar crime cases, especially Citizens United v. FEC and McDonnell v. United States. This Article explores what the Supreme Court has done to rebrand corruption, as well as how this impacts the criminal prosecutions of corrupt elected officials. This Article is the basis of a chapter of Professor Torres-Spelliscy’s second book, Political Brands, which will be published by Edward Elgar Publishing in late 2019.