Intangible Rights – A Déjà Vu Article
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Recommended Citation
Ellen S. Podgor, Intangible Rights – A Déjà Vu, 63 Vand. L. Rev. En Banc 73 (2010)Clicking on the button will copy the full recommended citation.
2010
The Role of the Criminal Defense Attorney: Not Just and Advocate Article
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Roberta Flowers, The Role of the Criminal Defense Attorney: Not Just and Advocate, 7 Ohio St. J. Crim. L. 647 (2010)Clicking on the button will copy the full recommended citation.
This essay was written for a symposium where several authors each analyzed the same factual hypothetical of a client planning to commit perjury. It argues that the lawyer’s ethical role must account for duties to the court and public, as well as the duties to the client. The tri-partite role of the attorney is the beginning point when dealing with what has been called the criminal defense attorney’s trilemma. The answer to the hypothetical posed is found in accepting the responsibility to fulfill each of the required ethical roles in any given situation. This essay argues that the situation of a client’s perjury should be analyzed with a recognition that each of the multiple roles implicate distinct responsibilities, and further that each role has an ethical perspective which must be considered and fulfilled in every action and decision the lawyer makes.
Regulating Lawyers: Same Theme, New Context Article
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Ellen S. Podgor, Regulating Lawyers: Same Theme, New Context, 2010 Journal of the Professional Lawyer 191 (2010)Clicking on the button will copy the full recommended citation.
Just Because You Want Kids Doesn’t Mean I Can’t Have Them: How Clarifying Definitions of Parent and Procreate Can Prevent the Indefinite Storage of Cryopreserve Embryos Article
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Linda S. Anderson, Just Because You Want Kids Doesn’t Mean I Can’t Have Them: How Clarifying Definitions of Parent and Procreate Can Prevent the Indefinite Storage of Cryopreserve Embryos, 49 U. Louisville L. Rev. 231 (2010)Clicking on the button will copy the full recommended citation.
Since 1978, when the first “test-tube baby” was born in England, the use of technology to assist with the process of conception has evolved quickly. Today, advances in technology allow the various steps in the process of conception and gestation to be carried out in multiple locations, with multiple contributors to the process, and over an extended period of time. These technological advances call into question many of the assumptions about parenthood and procreation that were indisputable prior to the use of assisted reproductive technology. Courts have attempted to apply the old meanings to questions about the use of new technology, especially with regard to cryopreserved embryos, but admit that they are venturing into uncharted territory. When doing so, they often fall back on language that is familiar, but too imprecise to be helpful. Words like “parent” and “procreate” imply important rights and responsibilities, yet these words never needed defining in the past. Today they do, so this article attempts to re-define these terms by looking at their historical use, new legislation and cases that have tried to clarify them, and the policies behind their regularly-accepted meanings.
The Tainted Federal Prosecutor in an Overcriminalized Justice System Article
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Ellen S. Podgor, The Tainted Federal Prosecutor in an Overcriminalized Justice System, 67 Wash. & Lee L. Rev. 1569 (2010)Clicking on the button will copy the full recommended citation.
The infiltration of politics in the Department of Justice (DOJ) is the discussion in four recent oversight reports. Commentators and scholars have responded with varying solutions to ensure these mistakes will not be repeated.
This Essay looks at politicization in DOJ from a different angle. It focuses first on the importance of maintaining political neutrality in DOJ and then stresses the need to examine structural changes in the criminal justice process that will minimize the ability to have decisions that might be politicized or might suggest an appearance of being politicized. Instead of focusing only on corrections to alleviate politicization in the federal criminal justice system, the focus also needs to look at overcriminalization, the breadth or many criminal statutes, the increased lack of mens rea required in criminal offenses, and the ability of prosecutors to use “short-cut” offenses to proceed with charges with relatively little proof. Conquering systemic problems accruing from an overcriminalized system will assure that decision-making is consistent and not a product of a prosecutor’s personal preferences. Thus, even if politicization should again enter into the DOJ, limited power in decisionmaking would avoid any possible problems that might accrue from the appearance or reality of having politically connected decisionmakers.
Fixing FOIA: Pushing Congress to Amend FOIA Section B(3) to Require Congress to Explicitly Indicate an Intent to Exempt Records from FOIA in New Legislation Article
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Catherine J. Cameron, Fixing FOIA: Pushing Congress to Amend FOIA Section B(3) to Require Congress to Explicitly Indicate an Intent to Exempt Records from FOIA in New Legislation, 28 Quinnipiac L. Rev. 855 (2010)Clicking on the button will copy the full recommended citation.
The Elderly in Bankruptcy and Health Reform Article
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Theresa J. Pulley Radwan and Rebecca C. Morgan, The Elderly in Bankruptcy and Health Reform, 18 Geo. J.L. & Pub. Pol'y 1 (2010)Clicking on the button will copy the full recommended citation.
Welcome to the Other Side of the Railroad Tracks: A Meaningless Exclusionary Rule Article
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Ellen S. Podgor, Welcome to the Other Side of the Railroad Tracks: A Meaningless Exclusionary Rule, 16 Southwestern Journal of International Law 299 (2010)Clicking on the button will copy the full recommended citation.
Rights Gone Wrong: The Failure of Fundamentalist Tort Theory Article
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Tim Kaye, Rights Gone Wrong: The Failure of Fundamentalist Tort Theory, 78 Miss. L.J. 931 (2010)Clicking on the button will copy the full recommended citation.
Today’s Elderly in Bankruptcy and Predictions for the Elderly of Tomorrow Article
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Theresa J. Pulley Radwan and Rebecca C. Morgan, Today’s Elderly in Bankruptcy and Predictions for the Elderly of Tomorrow, 6 NAELA Journal 1 (2010)Clicking on the button will copy the full recommended citation.