The Myth Of Moral Justice. Why Our Legal System Fails To Do Whats Right

Essay for the In-Print Symposium on the Myth of Moral Justice

I. Cause Lawyering II. Institutional Constraints on Moral Imagination A. Ethical Ideals5 B. Legal Education C. Legal Practice D. Institutional Tensions III. A Politics of Moral Justice IV. The Unintended Consequences of Moral Justice: Cause Lawyering and the Culture Wars A. The Political and Cultural Backlash to Moral Advocacy B. Legal Backlash: Right Wing Cause Lawyering V. Conclusions

Filing a Heartfelt Appeal Against the Legal System

In-Print symposium: The myth of moral justice

Introduction

On Morality and the Law: Truth, Justice and the American Way

I. Moral v. Legal II. The Occasional Failure of a System of Rules in Individual Cases III. Juries and Justice IV. The Lawyer's Role

The Myth of Moral Justice In-Print Symposium: A Brief Response

The Myths of Thane Rosenbaum

I. Myth as Metaphor II. Rosenbaum's Thesis Myth No. 1: Storytelling Trumps All Other Values Myth No. 2: Law Lacks Morality Myth No. 3: Law Disdains Emotion Myth No. 4: Law Is a Substitute for Psychotherapy Myth No. 5: Lawyers Hate their Lives Myth No. 6: Leaving Law Practice Is the Answer III. Conclusion: The Author as Hero of His Own Myth

Articles

Leaving Homeroom in Handcuffs: Why an Over-Reliance on Law Enforcement to Ensure School Safety Is Detrimental to Children

Introduction I. Current Practices A. New York City's "Impact Schools" B. Law Enforcement at Schools in Other Areas of the Country II. Historical Overview: How Did We Get To This Point? III. Negative Effects Associated With Arrests of Children IV. A Brief Look at an Ineffective Federal Attempt to Make Schools Safer V. Alternative Strategies for Achieving School Safety A. Law Enforcement's Perspective B. Teacher's Perspective C. The Student Problem-Solving Approach D. Building Design Conclusion

Asymmetrical Attitudes and Participatory Justice

I. Introduction II. Asymmetrical Attitudes A. Generalization v. Particularization B. Range of Remedies C. Legal and Moral Reasoning III. Aboriginal Legal Traditions and Participatory Justice A. Adversarial Nature B. Authority C. Wrongdoing D. Practices of Participatory Justice IV. Conclusion

Disability-Based Peremptory Challenge: Need for Elimination

Introduction I. Past Versus Present A. Juror Qualification Requirements B. Challenge for Cause C. Jurors' Rights v. Parties' Rights II. The Peremptory Challenge and Its Application A. Batson and Its Extension to People with Disabilities III. Should the Court Extend the Batson-J.E.B. Model to People With Disabilities? Conclusion

Empire State Injustice. Based Upon a Decade of New Information, A Preliminary Evaluation of How New Yorks Death Penalty System Fails to Meet Standards for Accuracy and Fairness

Introduction: A Preliminary Evaluation I. Informant Testimony Rules. II. Witness Testimony and Scientific Corroboration Rules. III. Videotaping Interrogations. IV. Lineup Procedures. V. Independent Review of Scientific Evidence. VI. A Significantly Narrower List of Death Penalty Eligibility Factors. VII. Use of Different Juries for Each Stage of a Bifurcated Capital Trial. VIII. A Heightened Burden of Proof. IX. Discretion of Judges to Overturn Death Sentences They Believe Are Unwarran...

Empire State Injustice: Based Upon a Decade of New Information, a Preliminary Evaluation of How New York's Death Penalty System Fails to Meet Standards for Accuracy and Fairness

Introduction: A Preliminary Evaluation I. Informant Testimony Rules A. Importance of Rules for Informant Testimony in Capital Cases B. New York Law Regarding Informant Testimony II. Witness Testimony and Scientific Corroboration Rules A. Importance of Rules for Witness Testimony and Scientific Corroboration in Capital Cases B. New York Law Regarding Witness Testimony and Scientific Corroboration III. Videotaping Interrogations A. Importance of Videotaping Interrogations in Capital Cases B. Ne...

Prescription Contraceptives and the Pharmacist's Right to Refuse: Examining the Efficacy of Conscience Laws

Introduction I. The Pharmacist's Ethical Obligations II. Current Refusal Clauses III. Ramifications of a Pharmacist's Refusal and the Adequacy of Existing Legal Protections A. Employment Ramifications and Statutory Protections 1. Protections Available Under Title VII 2. Scope of Protections Available Under State Civil Rights Legislation 3. Do State Conscience Clause Statutes Provide Greater Employment Protections? B. Tort Liability C. State Disciplinary Action IV. Conclusion