Computers, Privacy & the Constitution

View   r3  >  r2  ...
YueYuFirstPaper 3 - 04 May 2025 - Main.EbenMoglen
Line: 1 to 1
 
META TOPICPARENT name="FirstPaper"
Line: 50 to 50
 
Added:
>
>
It seems to me that there is less to this draft than meets the eye. The basic proposition is that incompetence vitiates the right to effective assistance. But you do not actually show the standards applicable, which would somewhat undercut the breadth of the argument you are making. And you do not show why one form of bad legal research or incompetent writing is either more unconstitutional or more likely than all the other causes of bad legal practice that either do or do not rise to the level of a constitutional failure when they happen to occur in criminal as opposed to non-criminal proceedings.

Would it not have made some sense to consider the role of bar discipline as opposed to Sixth Amendment relief against criminal conviction? Your only significant example concerned the submission of civil litigation paper containing unchecked citations, which both happens all the time and is handled in the case you show by sanctions. At what point should bar discipline be appropriate?

 
You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" character on the next two lines:

Revision 3r3 - 04 May 2025 - 13:39:15 - EbenMoglen
Revision 2r2 - 25 Mar 2025 - 21:29:46 - YueYu
This site is powered by the TWiki collaboration platform.
All material on this collaboration platform is the property of the contributing authors.
All material marked as authored by Eben Moglen is available under the license terms CC-BY-SA version 4.
Syndicate this site RSSATOM