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The Federal Lawyer (2007)

November/December

Carla Martin’s misconduct in United States v. Moussaoui serves as a cautionary tale for experienced and inexperienced trial lawyers alike and also provides an excellent basis for a primer on proper—and ethical—witness preparation, Federal Rule of Evidence 615, and how to stay on the right side of the sometimes murky line between zealously representing your client and improperly coaching him or her (or other witnesses) in your case.

October

The aim of the Takings Clause is to prevent the government “from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole.”

September

Who should pay for identity theft? The answer to this question appears to be straightforward: the criminal fraudster. All too often, however, the fraudsters are not caught; or if they are, there are no funds left to recover. Under current law, financial institutions that issue the debit or credit cards often wind up footing the bill. A legal fight is brewing in both the courts and legislatures over who will ultimately bear the losses of identity theft-related fraud.

August

This article about Margaret Mitchell, the musuem, and Southern literature offers historical background prior to attending the Thursday evening reception at the Margaret Mitchell House and Museum.

July

This article explores some of the key amendments to the Federal Rules of Civil Procedure and provides an overview of best practices for meeting the electronic data management challenges that the changes implicate.

June

What is the judiciary’s strategy for continuing the business of the courts in the event of human-to-human transmission of H5N1 avian influenza? Due to the unique nature of the threat, judges and court administrators are emphasizing human capital, communications, and teleworking to assure the court’s ability to perform essential functions during a pandemic.

May

This article examines the historic challenges facing the nation’s immigration detention program, along with the efforts to improve the future of the program through an “endgame” approach. While intended to allow the Bureau of Immigration and Customs Enforcement to meet its detention commitments by 2012, recent analysis of ICE’s progress on this endgame suggests that the government has fallen off course.

March/April

Only with an understanding of the historical origins of equitable defenses of laches, acquiescence, and impossibility will Indian law practitioners be able to counter the potential use of them to destroy all Indian land claims.

February

Brief History of the Court

Presentation of Distinguished Achievement Award

Award Acceptance

Judicial Profiles

January

Ethical lapses by prosecutors can have a dramatic impact on the outcome of their cases and also affect the way the public views the integrity of our legal system. Two death penalty cases in the news last year illustrate recurring ethical problems faced in the courts.