The Law and Society Association has extended the deadline for proposals for the next meeting. The new deadline is December 11, 2012. The meeting is May 30, 2013-June 2, 2013, in Boston, MA. For more information and the the link to submit proposals see: http://www.lawandsociety.org/boston2013/proposals.html
The international community, through a number of organizations, regularly observes elections in countries around the world. Election observation is one method of preventing election disputes from evolving into violent conflict, particularly in countries with less developed or less trusted judicial systems. The hope is that election observation by neutral outsiders will provide a peaceful forum … Continue reading Watching the Vote
One of the recurring questions in cross cultural negotiation is whether there are certain approaches that transcend cultures and can be used universally. The research on reciprocity, for example, indicates that it is universally understood and used. Apology is another one. The rituals surrounding apology may differ, but it seems we all understand its importance … Continue reading The Universal Apology
Recently, a teenage sexual assault victim from Kentucky disagreed strongly with the plea deal her assailants reached with the prosecutor and publicly expressed her disapproval, including tweeting the names of the defendants. The problem was that her assailants were also juveniles and under Kentucky law, juvenile proceedings should remain confidential. After she publicly exposed the defendants’ … Continue reading Should victims be able to stop plea bargains?
In some countries nodding your head up and down means no, and shaking your head from side-to-side means yes. Even when I know I am in such a place, it is still hard to remember that our standard head movement for yes is no, and their no is yes. It gets even more complicated when … Continue reading When Yes means No
How many innocent defendants plead guilty? Is it common, or is it just an occasional, unfortunate, aberration? Those questions are often posed during discussions of plea bargaining. This is due, in large part, to the fact that it is now well understood that innocent defendants do plead guilty. For example, The Innocence Project at Cardozo School … Continue reading Innocents Pleading Guilty
I just finished reading a book that everyone who cares about legal education in the United States should read: Failing Law Schools by Brian Z. Tamanaha. The book does an excellent job of describing the economic realities of law schools for prospective law students and society as a whole. Tamanaha gives a compelling and highly … Continue reading A “Must Read”
On April 29, 1992, the Los Angeles riots began. I was a new public defender working in downtown Los Angeles. I remember the announcement that the jury had acquitted the four police officers caught on tape brutally beating Rodney King. The riots started that evening, but I, like most in Los Angeles, thought it would … Continue reading Twenty Years Ago Today
Before I joined academia, I brought my dog to work with me, and learned through first-hand experience how he lowered stress levels and made the work day more pleasant. For the results of a study finding dogs decrease stress at work and increase productivity see: http://www.rawstory.com/rs/2012/03/30/scientific-study-recommends-bringing-dogs-to-the-workplace/ Dogs have also been brought into law schools to … Continue reading Should Mediation go to the Dogs?
In 5-4 decisions, the U.S. Supreme Court today decided there is a right to effective assistance of counseling in plea bargaining in the cases of Lafler v. Cooper and Missouri v. Frye. In Lafler, the defendant rejected the plea offer due to bad advice by his lawyer, who told the defendant that he could not … Continue reading Yes, there is a right to effective assistance of counsel in plea bargaining
