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Intra Law Firm Privileged Communications Regarding Questionable Attorney Conduct
(2014)
When questions are raised regarding a law firm attorney’s representation of a firm client, the questioned attorney often wishes to seek legal counsel. A conferral will often benefit the attorney, the firm and the client. ...
Schools, Worship, and the First Amendment
(2015)
This five-part article examines the use of public school space for worship, arguing that the Second Circuit Court of Appeals was wrong in its First Amendment analysis related to the Free Speech Clause, the Establishment ...
Troxel Revisited: A New Approach to Third Party Childcare
(2015)
In 2000 in Troxel v. Granville, four United States Supreme Court justices determined that the “liberty interests of parents in the care, custody, and control of their children” generally foreclose states from compelling ...
Bust Out without Breaking Up
(The Murphy Institute, City University of New York, 2015-12-28)
( Response to “Careful What You Wish For: A Critical Appraisal of Proposals to Rebuild the Labor Movement” by Lance Compa, originally published in New Labor Forum on December 28, 2015). Lance Compa is right: alt-labor ...
The Hidden Costs of Habeas Delay
(2012)
Because habeas petitioners seek a court order for liberty rather than compensation, judges have a duty to decide habeas petitions promptly. But increasingly, the federal courts have fallen behind on their heavy habeas ...
Finding a Forum for North Korea
(2012)
North Korea’s gross and systematic violations of human rights violate international law, including contravention of the treaties that North Korea itself has ratified (i.e., the International Covenant on Civil and Political ...
American State Constitutional Equalities
(2010)
Many American state constitutions contain equality provisions. Some simply promote Equal Protection in ways comparable to the Fifth and Fourteenth Amendments to the federal constitution. Others are worded quite differently, ...
Post-Watergate: The Legal Profession and Respect for the Interests of Third Parties
(2012)
This article acknowledges that the proper execution of a lawyer's duties will often demand the lawyer put his or her client's interests first, even when it harms the interests of others. That conclusion, however, should ...
Monetary Recoveries for State Crime Victims
(2010)
Crime victim recoveries are typically available in American states through three separate, but related, avenues: a criminal proceeding (with or without a formal charge); a related civil claim (including a pre-suit settlement); ...
The First Amendment and Religion After Hosanna-Tabor
(2014)
The Supreme Court’s treatment of religion under the First Amendment has shifted significantly in the past quarter century. Though the Court had focused on separation for the Establishment Clause and accommodation for the ...