Other topics addressed were recent cases concerning disgorgement (Kokesh) and the constitutionality of Administrative Law Judges (Lucia); the nature of assistance required to receive credit for cooperation; and observations regarding
arguments by defense counsel that, in the Staff's view, may be conflating elements of the antifraud provisions of the securities laws.
Not exact matches
In addition to the expert opinion, legal
arguments pertaining to mootness and ripeness, as well as a strong
defense of CCJEF's legitimate standing in the case, the reply brief was offered
by counsel for the plaintiffs, Debevoise & Plimpton LLP (New York), with assistance from the Yale Law School Education Adequacy Clinic, both of which serve pro bono in this action.
1 For attempts to measure the effect of advocacy quality through other means, see, e.g., Banks Miller et al., Leveling the Odds: The Effect of Quality Legal Representation in Cases of Asymmetrical Capability, 49 Law & Soc» y Rev. 209 (2015)(finding that high quality representation evened the odds for asylum applicants and that asylum seekers fared better when unrepresented than when represented
by a poor lawyer); Mitchell J. Frank & Dr. Osvaldo F. Morera, Professionalism and Advocacy at Trial — Real Jurors Speak in Detail About the Performance of Their Advocates, 64 Baylor L. Rev. 1, 38 (2012)(finding statistically significant correlations in criminal cases between jurors» perceptions of closing
argument persuasiveness and jury verdict, and finding statistically significant correlations in civil cases between perceptions of
defense counsel's closing
argument persuasiveness and
defense verdict); James M. Anderson & Paul Heaton, How Much Difference Does the Lawyer Make?
Defendant finally argued the time records were incomplete / unreliable, but the appellate court dispatched this one
by noting this factor was used to deny a requested lodestar enhancement
by plaintiff's
counsel such that the
defense did get some traction on this
argument, but traction already factored in
by the lower court in reducing claimed fees.
Lyle explains the
arguments being made
by defense counsel, and opposed
by prosecutors, for the possible «trifurcation» of Moussaoui's death penalty trial.