Essay - The Ultimate Dilemma: Conceding a Client’s Guilt to Avoid a Death Sentence
by Kenneth Williams
This paper discusses the Supreme Court’s holding in McCoy v. Louisiana. The article analyzes and critiques both the majority and dissenting opinions based on the author’s 25-year experience representing inmates sentenced to death. The article also reconciles the decision in McCoy with the Court’s previous decision in Florida v. Nixon in which the Court decided a similar issue and explains why the decisions are not inconsistent. The article also discusses the predicament of an attorney who must represent a defendant who objects to the attorney’s proposed strategy of conceding guilt. After McCoy, an attorney in a death penalty case who believes that conceding his client’s guilt is the best course of action can proceed with this strategy unless the client expressly objects to him doing so. The article concludes that the Supreme Court struck the right balance between the defendant’s right to maintain his innocence and the attorney’s right to make good strategic decisions.
Essay - Return of Art & Artifacts: A Cultural “Statute of Limitations”
by Jesse A. Mangiardi
This paper analyzes the concept of returning “stolen” artifacts by supplementing policy with the doctrines of adverse possession and statutes of limitations. In doing so, this paper proposes a sort of “statute of limitations” on artifact return that not only considers the elapsed time, but also examines social and cultural concerns. Specifically, this paper first discusses the basic legal principles of adverse possession and statutes of limitations; then proposes a list of policy-based factors that may be useful in determining whether an artifact ought to be repatriated; and finally applies those factors to currently contentious cases such as the Rosetta Stone and the Benin Bronzes.