Sensationalism Falling Through the Cracks: Why the Legal Profession Must Broaden Ethical Standards for Legal Commentators

INTRODUCTION Whether it was O.J. Simpson, Casey Anthony, or Scott Peterson, history has shown that Americans love an exciting criminal trial. As a result, in the United States, the coverage and analysis of high-publicity criminal cases is ever-growing, creating many opportunities for attorneys to work in media as legal commentators. The term “legal commentator” has no precise definition, but generally entails attorneys making statements in the media that contain legal analysis. When attorneys speak in the media they simultaneously act in two roles: as a licensed attorney who has professional responsibilities and as a journalist who must meet viewership requirements. These two different roles can have countervailing interests and values. The legal profession may demand that an attorney’s speech educate the public and promote respect for the judicial system, while the media may demand easily digestible soundbites that boost ratings. In this media context, the legal profession must consider how to best ensure that attorneys provide ethical legal commentary regarding the criminal justice system. To better demonstrate how a legal commentator can face the temptation to provide style over substance at the expense of the legal system, consider the example of Wendy Murphy. Murphy, a former prosecutor and adjunct professor at New England School of Law, became a prolific presence on television talk shows during the prosecution of multiple Duke University lacrosse players for an alleged rape. Throughout the case, Murphy provided outrageous commentary that was strongly slanted toward the prosecution. For example, over the course of several different guest appearances, Murphy referred to the defendants as rapists; speculated, without evidence, that one or more of the defendants had been molested as a child; and dismissed evidence that the defendants had good disciplinary records at school by responding that “Hitler never beat his wife either . . . So what?” Furthermore, Murphy even questioned the presumption of innocence (one of the most important tenets of U.S. criminal law) by stating, “I’m really tired of people suggesting that you’re somehow un-American if you don’t respect the presumption of innocence because you know what that sounds like to a victim? Presumption you’re a liar.” By providing headline-worthy but legally-deficient commentary, Murphy’s behavior epitomizes why the legal profession needs to confront the ethical issues that attorneys face when speaking in the media. The American Bar Association (“ABA”) addressed the issue of legal commentary ethics in 2013 when it adopted its first-ever criminal justice ethical standards for legal commentators (the “2013 Standards”). The 2013 Standards provide ethical guidance to legal commentators by explaining how a commentator can become competent to provide commentary on a given case, what conflicts a commentator should disclose, and what types of comments a commentator should avoid making. However, the 2013 Standards do not go far enough and could benefit from certain clarifications. First, the 2013 Standards do not define “legal commentator,” leaving room for interpretation as to what types of attorneys qualify as commentators. Second, the 2013 Standards limit what statements qualify as commentary, excluding certain types of statements that could nevertheless cause harm to individuals, the public, and the legal system generally. Third, the 2013 Standards do not encourage commentators to avoid inflicting unnecessary reputational harm on individuals involved in criminal litigation (such as defendants or subjects of investigation), despite the great damage that such commentary can cause. Voluntary standards should broadly construe who qualifies as a legal commentator and what qualifies as legal commentary, and such standards should address the dangers of unnecessary reputational harm caused by legal commentary. Part I of this Note will explore the media’s impact on the criminal justice system, explain what makes legal commentators different from other journalists, and discuss the history of regulation of legal commentators. Part II will discuss how voluntary codes have, and have not, addressed who qualifies as legal commentators, what qualifies as legal commentary, and what should be done about the risks of causing unnecessary reputational harm. Part III will explain why expanding the reach of voluntary standards is important. It will propose that the ABA apply its new ethical standards for legal commentators more broadly by adding an inclusive definition of legal commentator and applying the standards to all legal analysis provided by a commentator. Part III will also suggest that voluntary standards should encourage commentators to avoid causing reputational harm when their commentary has no countervailing educational purpose, and that the ABA add such language to its standards. Part IV concludes

In elderly patients with neurocognitive disorders, does the treatment of NMSC with MMS improve quality of life?

Non-melanoma skin cancers (NMSC) contribute significantly to disease burden in elderly individuals. As life expectancy increases, the prevalence of NMSC, as well as other age related conditions such as neurocognitive deficits, will increase as well. An extensive literature search was performed in order to identify studies that evaluated treatment outcomes for elderly patients with NMSC and neurocognitive deficits. No such study to date specifically addresses treatment outcomes in this population subset. Results of the included studies indicate that patients with NMSC who are treated with Mohs micrographic skin cancer surgery (MMS) have increased satisfaction and quality of life (QoL) post-operatively regardless of age or tumor characteristics. The presence of comorbid disease, however, was not associated with improved satisfaction or QoL. The results help guide future clinical management of this particular population, as well as aid in suggestions for future research specific to these individuals

Multiple Paternity of Caretta Caretta within the Northwestern Atlantic Ocean Population on Wassaw Island, Ga

Characterizing the mating system of a species is important for understanding demography and population dynamics and can contribute information to conservation efforts. Mating systems can impact the ecology, evolution, effective population size and genetic variability of a species. Polyandry, resulting in multiple paternity can influence the maintenance of genetic variation within a population. Within Testudines, the frequency of multiple paternity varies extensively among species (0-100% of nests). Previous studies on the loggerhead turtle (Caretta caretta) have shown that within the large management unit of peninsular Florida, multiple paternity occurs in approximately 30% of nests. This study examines nests from the smaller and more endangered northern management unit. The primary objectives of this study are to determine if multiple paternity exists in Georgia\u27s smaller nesting population and determine if the percentage of nests with multiple fathers differs significantly from previous studies. Secondary objectives are to compare the incidence of multiple paternity over multiple years, determine if multiple paternity varies over the course of the nesting period. Our final objectives were to determine the relationship between the number of fathers per nest and female size (straight carapace length), as well as hatching success and to determine how many males are actually contributing to this nesting population. Mothers and offspring (up to 20) were initially sampled from more than 90 nests over three nesting seasons on Wassaw Island, GA (2008-2010). We found that multiple fathers contribute to 75% of nests over the three years. There is a difference in number of fathers per nest with relation to the year, but there is no relationship between the number of fathers per nest and the nesting period. There is a positive relationship between female size (SCL) and the number of fathers per nest. There is no relationship between the number of fathers contributing to a clutch and hatching success. Finally I found a total of 195 male genotypes over the course of the study, resulting in a sex ratio of 2.7 males per 1 nesting female. Every male genotype that I discovered only contributed to one nest over the three years samples, indicating there is a large number of males contributing to this nesting population

Imagen pública y política de la emperatriz Teodora. Un estudio a partir de la obra de Procopio de Cesarea

El presente artículo tiene como objeto mostrar el importante papel que la emperatriz Teodora desempeñó en el gobierno de su esposo, el emperador Justiniano, demostrando la importancia de lo femenino en la construcción de la imagen de la casa imperial en este momento histórico. Se parte para ello del análisis de la obra de Procopio de Cesarea y, muy especialmente, de su Historia Secreta, especialmente dura, en su redacción, con la emperatriz. De la misma se destaca su posición en cuatro ámbitos fundamentales: correspondencia, justicia, ceremonial y recursos financieros. El estudio se completa con el análisis de otras dos obras del mismo autor, De Bellis y De Aedeficiis, así como con el papiro del Cairo y las impresiones de Juan el Lidio y Zonaras, que vienen a demostrar la relevancia política de la emperatriz en el marco del gobierno de su esposo

A reluctant call to arms : the origins and the development of the Truman Doctrine.

For nearly seventy years, historians have scrutinized the origins of the Cold War and debated the Truman Doctrine's significance to this international conflict. These sometimes emotional deliberations produced three distinct narratives, which sought to justify, assail, or simply explain the thirty-third president's impact on US-Soviet relations between 1945 and 1947. Not surprisingly, all of these interpretations accept the premise that the chief executive's appeal for the Greek-Turkish aid package constituted a fundamental change in Washington's foreign policy towards Moscow. This thesis, however, posits that Truman never intended to establish an open-ended universal policy designed to govern America's international agenda for the Cold War's entire duration. On the contrary, an analysis of government documents, personal memoirs, oral histories, and contemporary periodicals reveal the commander-in-chief as an inexperienced world leader whose ambivalence towards the USSR created an initial reluctance on his part to publicly criticize the Kremlin's leadership. Evidence suggests that negative domestic factors in late 1946 prompted the chief executive to openly embrace a confrontational policy towards the Soviet Union. Determined to revitalize his beleaguered administration, Truman readily co-opted the Republican's anti-communist position when he decided to safeguard Athens' government from Greece's ongoing insurgency. Consequently, he countered Moscow's perceived aggression in the Balkans with an extreme rhetorical stance calculated to gain immediate support from a hostile Congress and indifferent American public. Truman's zealous pursuit of this short term goal, however, inadvertently altered the public's long-term conception of US-Soviet relations. Though he never meant to establish a new doctrine, the president's speech ultimately resulted in a major paradigm shift in world affairs

The Future of Forensic Psychology

Throughout my years at La Salle University as a dual Psychology and Criminal Justice major, I have had the opportunity to study and learn about a variety of different topics regarding these two fields. The specific field that I was drawn towards the most was the field of forensic psychology, which is why it is the topic of my research project. My project’s main goal is to ensure that forensic psychology, with some new improvements, continue to be a leading force in both the field of criminal justice and psychology. Specifically, my project focuses on the future of forensic psychology by analyzing the strengths and weaknesses of the field. Issues such as eyewitness testimony and the disagreement between forensic psychologists have affected the reliability of the field, whereas the mistreatment of trans individuals and labeling have negatively impacted individuals in the criminal justice system (CJS). These are just a few of the issues that will be covered in this paper, and all of these issues play a hand in preventing the field from being as effective as it should be

Fluid space, veils and projections

Peer Reviewe

Aportaciones a la flora abulense. El valle de Amblés I. (Equisetaceae-Violaceae)

. Se da el catálogo de plantas vasculares comprendidas entre las familias Equisetaceac-Violaceae, recolectadas en el valle de Amblés (Avila).. Se da el catálogo de plantas vasculares comprendidas entre las familias Equisetaceac-Violaceae, recolectadas en el valle de Amblés (Avila)