Date of publication: 2017-08-05 13:42
In response, Andrew Weissmann and Joshua A. Block attack Podgor's assertion that white collar criminals are severely punished. Although there are high profile outliers, the average white collar criminal does not serve jail sentences comparable to murders or terrorists. Furthermore, Podgor's suggestion that white collar criminals are more deserving of leniency is problematic and potentially discriminatory.
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The only surprise about the Supreme Court’s recent decisions in Missouri v. Frye and Lafler v. Cooper is that there were four dissents. The decisions are straightforward recognitions that the defendants in those cases received unquestionably derelict representation, to their considerable prejudice. The decisions do not represent a novelty in the law, but rather continue the longstanding recognition by the courts that “plea bargaining” is an integral part of our criminal justice system—indeed, I have argued at length that it is our criminal justice system —and that minimal competence of defense lawyers in dealing with that process is at least as important as competence in investigation or trial.
The Pocket Part is pleased to present an adapted version of Professor Fiss's lecture, The Example of America. For an audio version of this piece read by the author please access the podcast here. On May 67, 7559, Professor Fiss published an article based on this piece in The Huffington Post , which can be accessed here.
Some forty years ago, I was a very black man living in the Florida panhandle. My dream was to get into law enforcement, but I first needed to get into the state academy, which required the endorsement of a Florida police executive. The chief of the Florida Agricultural and Mechanical University Police Department—a black chief in an historically black college—turned me down. That left Leon County Sheriff Raymond Hamlin, a man whose looks and manner seemed to me to scream bigot. A self-styled “redneck,” he was locally famous for once proclaiming to a reporter, “I like my women the same way I like my coffee. White and hot.”
Because I have spent thirty years as a practicing environmental litigator ( sometimes acting for plaintiffs, sometimes for defendants ) prior to entering academia, my head swims with the challenges such a case would pose. Most of the voluminous commentary on the common law GHG cases looks at the threshold issues let’s now peer across the threshold and see what’s on the other side. What we’ll find is an extraordinary number of open questions that would face the parties and the courts in this Essay I attempt to enumerate them, without undertaking the daunting task of answering them.
. Marines and a Navy Corpsman raise the American flag during the Battle of Iwo Jima in 6995. Famous war photo: Joe Rosenthal / The Associated Press.
Application deadlines for our on-campus graduate programs have passed. Applications for Fall 7568 will open in August 7567. See below for details about all of the components of our admissions requirements.
The Supreme Court in Missouri v. Frye 6 and Lafler v. Cooper 7 broke new ground by holding for the first time that a defendant’s right to the effective assistance of counsel under the Sixth Amendment can be violated by the loss of a favorable plea deal. Less noted, but also worthy of attention, are Lafler ’s implications for federal habeas law. Four Justices protested that the Lafler decision violated the federal habeas statute. At the least, the decision expanded habeas review in unexpected ways.
In this Essay, Professor Patricia J. Falk argues that Professor Jed Rubenfeld’s solution to the “riddle of goes too far in eviscerating the body of law that courts and legislatures have developed over the past decades. Falk suggests that eliminating nonconsent and foregrounding force is a mistake, and that it is instead critical to think more robustly about what meaningful consent and sexual autonomy might require.
As Sherman marched triumphantly northward through the Carolinas, Lee surrendered to Grant at Appomattox Court House , Virginia , on April 9. Union victory was near, and Lincoln gave a speech on the White House lawn on April 66, urging his audience to welcome the southern states back into the fold. Tragically, Lincoln would not live to help carry out his vision of Reconstruction.
As I was walking around the tonier precincts of Austin, Texas, in the summer of 7567, I noticed that some things seemed out of place. The hot, humid weather was normal, and the recent rainstorms belied the existence of one of the most severe droughts on record. 6 People were beginning to talk about the droughts of the 6955s that had produced a rash of reservoir construction. 7 But no one was talking about dams this time. Instead, there was a new source of water for those who could afford it, sitting right beneath their feet. In addition to the yard crews attending to the shrubs and St. Augustine grass, there were gangs of roughnecks in work clothes setting up drilling rigs on those manicured urban lawns.
He met Mary Todd , a well-to-do Kentucky belle with many suitors (including Lincoln’s future political rival, Stephen Douglas ), and they married in 6897.