Innocent Until My Attorney Says So: The Sixth Amendment and Admissions of Guilt in Capital Cases

In a capital case, can a defense attorney, against his client’s express objections, concede his client’s guilt to the jury? In this Contribution, Rona Li (’19) discusses the trial strategy of a defense attorney conceding guilt to avoid a death sentence and the conflict with his client’s Sixth Amendment right to conduct his own defense. Ultimately, this Contribution argues that when a defense attorney admits his client’s guilt to the jury over his client’s unequivocal objection, he violates the defendant’s Sixth Amendment right to make fundamental decisions about his case, and further, that his actions constitute ineffective assistance of counsel.

Cars in Castles: The Fourth Amendment’s Automobile Exception and the Curtilage of the Home

When an automobile is parked in a driveway in the curtilage of the home, does the automobile exception to the Fourth Amendment still apply? In this Contribution, Kristin Mulvey (’19) argues that the automobile exception to the Fourth Amendment should not apply when the vehicle is in the curtilage of the home. Further, this Contribution demonstrates that the underlying justifications for the automobile exception do not support a warrantless search of an automobile parked in a driveway.

Arrests and the Americans with Disabilities Act: Towards a Unitary Reasonableness Standard

How should police officers take into account the different needs of a person with disabilities during an arrest? In this Contribution, Conor Gaffney ('18) examines the role of the Americans with Disabilities Act in governing arrests and investigations by police of persons with disabilities. Ultimately, this Contribution argues that the ADA’s reasonable accommodation requirement modifies what searches and seizures of individuals with disabilities are considered reasonable under the Fourth Amendment.

Disclosure Duties as Public Policy?: Setting Aside Arbitration Decisions Under New York State Law

In 2008, federal trial and appellate courts found against the NFL Players Association on the appeal of an arbitrator’s decision on the grounds that the league and policy administrators had breached their fiduciary duties to players. The trial court held that the steroid policy’s strict liability regime precluded any breach of fiduciary duties, and the Eighth Circuit found on appeal that plaintiffs had failed to offer authority under New York law for a public policy encouraging the performance of fiduciary duties. Did the NFL case get it right? In this Contribution, John Muller ('19) argues that to preserve New York's public policy, courts should set aside the result of arbitration under a collective bargaining agreement on state common law grounds in these breach of fiduciary duty cases.

Always a Monopoly, Never a Monopolist: Why Antitrust is the Wrong Regulatory Scheme for Protecting Competition in Technical Standards

When patent holders gain standard-essential status, should antitrust law treat the monopoly conferred on them like every other monopoly? In this Contribution, Randi Brown ('19) argues that the best approach to such monopolies is not to expose them to antitrust scrutiny, but instead to allow contract and patent remedies to maintain the benefits to competition and innovation afforded by standardization.

License Denied: Some State Occupational Licensing Laws Might be Unconstitutional Under the Equal Protection Clause

Are state occupational licensing laws that prohibit certain people convicted of crimes from receiving Emergency Medical Technician (EMT) licenses unconstitutional under the Equal Protection Clause of the Fourteenth Amendment? In this Contribution, Maya Danaher ('18) discusses the constitutional issues arising from state licensing laws that withhold EMT licensure from people convicted of crimes. Ultimately, this Contribution argues that the Equal Protection Clause prohibits such state laws.

Dead on Deferral?: Whether to Prosecute Companies That Fail to Comply with DPAs

What actions should prosecutors and regulators take following a financial institution's failure to meet the terms of a Deferred Prosecution Agreement? In this Contribution, Brittney Nagle ('18) analyzes the options and remedies that U.S. prosecutors and regulators can pursue to promote accountability in the financial sector. This Contribution ultimately argues that they should pursue a combination of criminal charges against the institutions and actions to disgorge top executives of bonuses and other discretionary income.

Sustaining Academic Freedom: The Need to Redefine the Threshold Question in First Amendment Claims Brought by Public University Professors

Can a public university terminate a professor for speech made related to the university? In this Contribution, Emily Several ('18) analyzes the scope of public employees' First Amendment rights with regard to speech made in their personal and professional capacities. This Contribution ultimately argues that the Supreme Court should establish an exception to the threshold requirement set in Garcetti v. Ceballos in order to preserve academic freedom on public university campuses.

Don’t Depart From Deterrence: The Exclusionary Rule And Warrants Based On Tainted Evidence

Should the Fourth Amendment exclusionary rule apply when an officer acts in good faith in the execution of a warrant based on tainted evidence? In this Contribution, Savannah Ashby (’18) discusses the differing ways in which Courts of Appeals have applied the good faith exception to the exclusionary rule in situations where the warrant is based on tainted evidence. Ultimately, this Contribution argues that the good faith exception to the exclusionary rule should not apply to evidence obtained in execution of a warrant based on tainted evidence as it more consistent with the goal of the exclusionary rule: deterring officers from committing Fourth Amendment violations.

The Element in the Room: Requiring Probable Cause of Every Element of a Crime

When conducting a warrantless search or seizure, must a police officer have probable cause for all elements of the crime, including mens rea? In this Contribution, Kimberly La Fronz ('18) discusses what the circuits include in their totality of the circumstances analysis to determine probable cause. This Contribution argues that in order to effect a warrantless arrest a police officer must have probable cause with respect to every element of the crime in order to effect a warrantless arrest and must not ignore exonerating evidence in their totality of the circumstances analysis.