Category Archives: Issues

The T-Rex Without Teeth: Evolving Strickland v. Washington and the Test for Ineffective Assistance of Counsel

Monday, December 3, 2007 | Comments Off on The T-Rex Without Teeth: Evolving Strickland v. Washington and the Test for Ineffective Assistance of Counsel

In Strickland v. Washington the United States Supreme Court formulated the test for determining whether counsel in a criminal case is ineffective. When the Court decided Strickland it created a doctrine of enormous proportions, but with little impact–a legal...

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What Federalism & Why? Science Versus Doctrine

Sunday, December 2, 2007 | Comments Off on What Federalism & Why? Science Versus Doctrine

The Constitution does not use the words federal or federalism. It gives Congress a set of powers and prohibits the national government, the states or both from doing some things. The Court has inferred principles of federalism from those...

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The Disability History Mystery: Assessing The Employer’s Reasonable Accommodation Obligation in “Record of Disability” Cases

Saturday, December 1, 2007 | Comments Off on The Disability History Mystery: Assessing The Employer’s Reasonable Accommodation Obligation in “Record of Disability” Cases

The Americans with Disabilities Act (“ADA”)’ prohibits employers from discriminating against a “qualified individual with a disability,” which the Act defines as “an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such...

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