In this Article, I assess the apparent prospects for increased disciplinary enforcement of state ethics rules based on Rule 3.8(d) of the American Bar Association\u27s (“ABA”) Model Rules of Professional Conduct that mandates prosecutorial disclosure of exculpatory information. In particular, I focus on whether it makes sense to view recent ABA Formal Opinion 09-454, in which the ABA gave an expansive reading to Model Rule 3.8(d), as the bellwether of an era of increased enforcement of ethical disclosure rules for prosecutors
Rule 5.1 of the ABA’s Model Rules of Professional Conduct requires law firm partners to make reasona...
Broad confidentiality rules with narrow, limited exceptions serve well the interests of attorneys wh...
While most prosecutors adhere to the maxim that their primary task is to obtain just results, there ...
In this Article, I assess the apparent prospects for increased disciplinary enforcement of state eth...
The ABA Standing Committee on Ethics and Professional Responsibility recently issued an advisory eth...
In the spring of 2009, I sent Fred Zacharias an e-mail to let him know that the American Bar Associa...
This Article addresses the intersection of the rule of Brady v. Maryland, 373 U.S. 83 (1963), and AB...
This Article might lead one to ask which body better apprehended the nature of the prosecutorial dis...
Prosecutorial disclosure of information to the defense has long been recognized as essential to a fa...
The article addresses a common question: What should the rules require lawyers to do when they recei...
Do ethical disclosure rules require more of prosecutors than constitutional disclosure rules? Should...
Prosecutors hate being told what to do. As ministers of justice, they feel imbued with a moral com...
This Article seeks to align the rules of ethics with the rules of evidence, rules of civil procedure...
This essay examines the ethical regulation of prosecutors over the past three decades. The topic is ...
The American Bar Association (ABA) has just completed a marathon project to revise the Model Rules o...
Rule 5.1 of the ABA’s Model Rules of Professional Conduct requires law firm partners to make reasona...
Broad confidentiality rules with narrow, limited exceptions serve well the interests of attorneys wh...
While most prosecutors adhere to the maxim that their primary task is to obtain just results, there ...
In this Article, I assess the apparent prospects for increased disciplinary enforcement of state eth...
The ABA Standing Committee on Ethics and Professional Responsibility recently issued an advisory eth...
In the spring of 2009, I sent Fred Zacharias an e-mail to let him know that the American Bar Associa...
This Article addresses the intersection of the rule of Brady v. Maryland, 373 U.S. 83 (1963), and AB...
This Article might lead one to ask which body better apprehended the nature of the prosecutorial dis...
Prosecutorial disclosure of information to the defense has long been recognized as essential to a fa...
The article addresses a common question: What should the rules require lawyers to do when they recei...
Do ethical disclosure rules require more of prosecutors than constitutional disclosure rules? Should...
Prosecutors hate being told what to do. As ministers of justice, they feel imbued with a moral com...
This Article seeks to align the rules of ethics with the rules of evidence, rules of civil procedure...
This essay examines the ethical regulation of prosecutors over the past three decades. The topic is ...
The American Bar Association (ABA) has just completed a marathon project to revise the Model Rules o...
Rule 5.1 of the ABA’s Model Rules of Professional Conduct requires law firm partners to make reasona...
Broad confidentiality rules with narrow, limited exceptions serve well the interests of attorneys wh...
While most prosecutors adhere to the maxim that their primary task is to obtain just results, there ...