E-Discovery Ethics: Emerging Standards of Technological Competence
In August 2012, the American Bar Association amended the comments to Rule 1.11 of the Model Rules of Professional Conduct to link lawyer competence to expertise in technology. The comments were modified to state: “To maintain the requisite knowledge and skill, a lawyer should keep abreast of the changes in the law and its practice, including the benefits and risks associated with relevant technology …”
Signs of Life in the Supreme Court’s Uncharted Territory
Why the Right to Effective Assistance of Counsel Should Attach to Pre-Indictment
The Dog Days Are Over: Terry Stops, Traffic Stops, and Dog Sniffs After Rodriguez
Picture yourself on the side of the road after being stopped by the police for a minor, noncriminal traffic infraction—say, a broken taillight. Then imagine the officer who stopped you says, “You seem nervous. Can I search your car?” Being in a hurry and knowing your constitutional rights, you decline the officer’s request.
Implementing VAWA 2013
Criminal jurisdiction in Indian country is a dangerous mess—especially for Indian women. The U.S. government caused the mess, and since 1978 the U.S. Supreme Court has been the predominant perpetrator. In recent years tribal nations have been appealing to other federal branches to fix it.
Outdated VA Regulations Lead to Confusion for Army National Guard Soldiers With OTH Service Characterizations
The purpose of this article is to clarify U.S. Department of Veterans Affairs jurisprudence (or lack thereof) regarding eligibility for VA disability compensation benefits for Army National Guard (ARNG) soldiers who receive a service characterization of other than honorable (OTH) when separated from the ARNG through an administrative separation board.
A History of the Criminal Justice Act of 1964
In contrast to English common-law restrictions, the right to counsel in any criminal case has long been the American tradition. At least 12 of the 13 original Colonies contained such guarantees, a right that continued through the post-Revolutionary period.