Despite the fact that courts routinely hold indigent criminal defendants responsible for the acts and omissions of their lawyers under a theory of agency, there is effectively no agency in that lawyer-client relationship. Agency requires that the principal retain the right to control, but a...

Spanish Abstract: Desde hace varias décadas una de las materias jurídicas más beligerantes en sede de responsabilidad civil -ya sea contractual o extracontractual- la constituye aquélla que afecta a los profesionales sanitarios, sobre todo, la relativa a los profesionales de la Medicina y la...

The implications of a strategic model of plea bargaining are threefold. First, prosecutors induce the innocent to plead guilty when trial costs are high. Second, plea bargaining unequivocally increases wrongful convictions. Lastly, police share an important role in minimizing wrongful...

In this paper we obtain bounds under weaker nonparametric assumptions and explore how the bounds with assumptions imposed.

This chapter reflects critically on a range of law reform processes that have taken place in Australia. While law reform is generally seen as inherently progressive, as part of a progress narrative, the chapter questions some of these assumptions by focusing on a number of different law reform...

As of 2010, 13% of the population was age 65 and older, with this group expected to comprise 19.3% of the population by 2030. Elder abuse among this population is both a pervasive problem and a growing concern. Given that the vast majority (96.9%) of older Americans are residing in domestic...

This paper argues for enhanced free speech protections for writers and lyricists preempting the use of artistic compositions in criminal trials. It constructs this protection by grafting fundamentals of German free expression law, namely the concept of "dignity," onto existing First Amendment...

In 2000 when Governor George Ryan unilaterally imposed a statewide moratorium on executions in Illinois, in response to accumulating evidence of more than a dozen wrongfully convicted persons on death row in Illinois. In 1999 the Illinois legislature created the Capital Litigation Trust Fund, to...

Therapeutic Jurisprudence (“TJ”) is an approach to law which highlights wellbeing as an important component of the legal system. The aim of this Work is to prove that applying law in a TJ manner is better than the current standard procedures we are usually taught as lawyers, and we observe...

Time plays a significant role in the life of the law. Drawing on the work of Elizabeth F. Cohen regarding the political value of time, this article examines the legal value of time. Focusing on Canadian criminal law and procedure, the article illustrates how time is tightly woven into the fabric...