The Constitutional Limits of Client-Centered Decision Making

The Constitutional Limits of Client-Centered Decision Making

Todd A. Berger * Some years ago in a courtroom in Philadelphia, I found myself in a rather troubling predicament. My client threatened to stab me with a pen. I was his defense attorney. My client had been charged with a gunpoint robbery. He was picked out of a random...
The Constitutional Limits of Client-Centered Decision Making

Truth or Doubt? An Empirical Test of Criminal Jury Instructions

Michael D. Cicchini * Lawrence T. White ** The Constitution protects a criminal defendant from conviction unless the government can prove guilt beyond a reasonable doubt. However, the Constitution does not require that trial courts use any particular set of words when...
The Constitutional Limits of Client-Centered Decision Making

Causation in Whistleblowing Claims

Nancy M. Modesitt * Whistleblowing cases have continued to increase in number in recent years as state and federal legislatures have added protections for employees who disclose illegal or wrongful activity by their employers.1 But even as the number of cases...
The Constitutional Limits of Client-Centered Decision Making

Filling Federal Court Vacancies in a Presidential Election Year

Carl Tobias* Scholars and politicians who closely track the federal judicial selection process appreciate that confirmations slow and ultimately halt over presidential election years, a phenomenon which has greater salience in a chief executive’s last administration....
The Constitutional Limits of Client-Centered Decision Making

Equity and Feasibility Regulation

Dov Waisman*    Two major approaches to regulating industrial health risks have emerged over the past fifty or so years. Feasibility analysis—the approach required by parts of the Clean Air Act of 1970 (Clean Air Act), the Clean Water Act of 1972 (Clean Water...
Page 1 of 212
css.php