Articles Posted in Criminal Law and Justice

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During the week ending March 21, 2025 we have received listings of 22 Government and Administrative Law Summaries,  18 Constitutional Law summaries, 2 U.S. Supreme Court Summaries, 53 Criminal Law Summaries, 4 White Collar Law Summaries, 1 Internet Law Summary,  5 Intellectual Property Summaries, 1 Copyright Summary, and 2 Medical Malpractice Summaries. We plan is to continue posting opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated.  To gain access to these case summaries, click on the corresponding links below:

Opinion Summaries Posted for Week Ending  March 21, 2025:

Criminal Law

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In Presumed Guilty, Scott Turow revisits the world of legal drama, charting the transformation of his iconic protagonist, Rusty Sabich, from prosecutor to defense attorney in a rural setting. Touro University, Jacob D. Fuchsberg Law Center professor Rodger D. Citron examines Turow’s latest legal thriller, exploring how the author’s storytelling has evolved while maintaining his signature blend of courtroom intrigue and legal realism. Citron argues that Presumed Guilty deepens Turow’s exploration of justice, race, and personal growth, presenting Rusty not just as an older character but as a more mature and introspective one:

Click here to read Professor Citron’s Notes on Scott Turow’s Presumed Guilty

Refeerence:

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These News Briefs and Decision Summaries are from  the  the New Jersey State Bar Association. They are an exclusive benefit of the Association in partnership with the New Jersey Law Journal. A subscription may be necessary to access the full text of some of the items listed

NEWS BRIEFS:

Law Firm Found Liable for Malpractice in Suit Over Hazing Death

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During the week ending March 14, 2025 we have received listings of 16 Government and Administrative Law Summaries,  29 Constitutional Law summaries, 58 Criminal Law Summaries, 2 White Collar Law Summaries, 1 Internet Law Summary,  7 Intellectual Property Summaries, and 5 Medical Malpractice Summaries. We plan is to continue posting opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated.  To gain access to these case summaries, click on the corresponding links below:

Opinion Summaries Posted for Week Ending  March 14, 2025:

Criminal Law

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FROM THE AMERICAN BAR ASSOCIATION (ABA):

“The American Bar Association Standing Committee on Ethics and Professional Responsibility released a formal opinion on March 5, 2025, that provides clarification on when a lawyer may divulge information when they are a victim of a crime by a client or prospective client.

Formal Opinion 515 states that “a lawyer who is the victim of a crime by a client or prospective client may disclose information relating to the representation to the appropriate authority in order to seek an investigation and potential prosecution of the alleged offender or other services, remedy or redress. To the extent that the information would otherwise be subject to the lawyer’s duty of confidentiality under Model Rule of Professional Conduct 1.6, the information is subject to an implicit exception to the Rule.”

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In his essay, Do State Legislatures Have to Obey U.S. Supreme Court Decisions?  Amherst professor Austin Sarat discusses how several state legislatures, particularly Alabama, are passing laws allowing the death penalty for child rape despite a 2008 Supreme Court ruling, Kennedy v. Louisiana, that declared such punishment unconstitutional. Professor Sarat argues that this strategic legislative defiance represents a dangerous trend that threatens constitutional order, as lawmakers are deliberately passing unconstitutional laws hoping the current conservative-majority Supreme Court will overturn precedent, similar to the strategy that led to Roe v. Wade being overturned.

Reflecting on the urgency expressed by professor Sarat regarding this question, we have prepared our own report, titled Do State Legislatures Have to Obey U.S. Supreme Court Decisions?, An Overview, to provide an added frame of reference for considering the implications of professor Sarat’s posting. Our Report, which follows, is based on our search of related sources, including Deep Research, the advanced AI research application recently introduced by Open AI.

DO STATE LEGISLATURES HAVE TO OBEY U.S. SUPREME COURT DECISIONS?, An Oveerview

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INCLUDES U.S. SUPREME COURT SUMMARIES:

During the week ending March 7, 2025 we have received listings of 21 Government and Administrative Law Summaries,  22 Constitutional Law summaries, 63 Criminal Law Summaries, 3 White Collar Law Summaries,  1 Copyright Law Summary, 9 Intellectual Property Summaries, 3 Medical Malpractice Summaries, and 2 U.S Supreme Court Summaries. We plan is to continue posting opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated.  To gain access to these case summaries, click on the corresponding links below:

Opinion Summaries Posted for Week Ending  March 7, 2025:

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INCLUDES U.S. SUPREME COURT SUMMARIES:

During the week ending February 28, 2025 we have received listings of 24 Government and Administrative Law Summaries,  19 Constitutional Law summaries, 55 Criminal Law Summaries, 4 White Collar Law Summaries,  1 Internet Law Summary 1 Intellectual Property Summary, 3 Medical Malpractice Summaries, and 4 U.S Supreme Court Summaries. We plan is to continue posting opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated.  To gain access to these case summaries, click on the corresponding links below:

Opinion Summaries Posted for Week Ending  February 28, 2025:

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The White Collar Crime Institute of the American Bar Association is considered the “premier gathering for legal professionals specializing in white-collar crime”. It is being held in Miami, FL , March 4-7, 2025. For additional information and registration, click here.

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“Beyond remorse” refers to, individuals who exhibit a lack of regret or guilt for their actions, often associated with a personality disorder like antisocial personality disorder (ASPD), where people may not understand the harm they cause others and therefore do not feel remorseful, even when confronted with the consequences of their behavior.”
In a February 18, 2025 essay, No Regrets, in VERDICT, Cornell law professor Joseph Margulies discusses his book project about society’s tendency to ostracize wrongdoers and explores the complex role of remorse in how society judges and responds to those who have committed serious transgressions. Professor Margulies grapples with a particular challenge in his research—how to address cases where individuals who have committed wrongful acts feel no remorse for their actions, using examples like January 6 rioters and abortion providers in different states—and invites such individuals to share their perspectives. Below, we include an abstract of Professor Margulies’ essay, including a link to his complete posting, a list of key points about people who lack remorse and  some potential causes.
ABSTRACT:
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