The 2011 edition of Professors John Burkoff’s and Nancy Burkoff’s treatise, Ineffective Assistance of Counsel, was just published by West. With this new edition, this treatise, which was first published in 1993, moves from a hardcover, binder format with annual supplementation to a softcover format, with a new edition published each year.
Monday, September 5, 2011 - 8:21pm
Wednesday, August 31, 2011 - 4:43pm
Criminal Law Professor John Burkoff talks to multiple media outlets not only about the 16 counts of forgery, perjury, tampering and/or fabricating evidence, against State Senator Jane Orie, but also about how this new case will tie into a retrial of the original case dealing with the potential misuse of public office resources for campaign work.
Of the new charges, Burkoff suggests that without direct evidence, it will be hard for the district attorney’s office to prove that Orie forged documents.
“To actually show that she did it, well, that has to be arrived at circumstantially and that’s not an easy leap for everyone.”
A decision regarding whether to try the two potential cases together or separately will be a difficult choice, Burkoff thinks.
Watch the KDKA interview with Jon Delano here.
Read the Post-Gazette article here.
Read the Pittsburgh Tribune-Review article here.
Wednesday, August 31, 2011 - 4:18pm
With Former House Speaker John Perzel poised to plead guilty in an 82-count indictment as of August 30th, Pitt Law Professor John Burkoff explains to multiple media sources why it is that he believes the plea in the case makes sense for prosecutors as well as why others who were charged with felonies will have little choice but to plead guilty, too.
“One, there’s the certainty of the conviction ... and the savings that brings in terms of time, expense and angst,” said Burkoff. “Two, in these cases you’re talking about felonies with dollar amounts where they are presumably satisfied that he’ll get a significant jail sentence.”
Burkoff goes on to explain why, in his opinion, he feels the nine other Republicans who were charged with felonies in November 2009 will also plead guilty to charges of conflict of interest, theft, conspiracy and obstruction of justice.
"[Perzel’s plea] tells me it's pretty hard for the remaining defendants not to consider plea agreements," he says.
Read the Post-Gazette story here.
Read the Pittsburgh Tribune-Review story here.
Read the Patriot-News story here.
Tuesday, August 30, 2011 - 10:45am
Professor John Burkoff discussed the new set of charges against State Senator Jane Orie filed yesterday. The charges stem from the discovery that several documents offered as defense evidence in Orie's trial on political corruption charges six months ago were fraudulent. The discovery of the fraud caused a mistrial, and the corruption case will be retried. The new case stems from the alteration of the documents, allegedly by Orie, and from allegedly perjured testimony by Orie in the trial unrelated to the documents. Professor Burkoff commented on the case in the Pittsburgh Tribune-Review, and also discussed the difficulties of proving the case live on KQV AM radio.
Arthur Hellman and John Burkoff on PA Supreme Court Justice's Public Comments on Misconduct by Lower Court Judge
Tuesday, August 30, 2011 - 10:31am
Professors Arthur Hellman and John Burkoff weighed in on public comments by PA Supreme Court Justice Max Baer concerning another judge who stands accused of misconduct. Lackawanna County Judge Terrence Nealon has admitted to engaging in behavior that showed "a lapse in ethical judgment," and his case may well be referred to state judicial ethics authorities. Such cases can end up in front of the PA Supreme Court for final decision. In a newspaper story, Justice Baer criticized Nealon's behavior but also praised him, saying that Nealon was "a fine man" and "a fine judge" whose "dumb" mistake that should not derail his judicial career. This put the focus on whether Justice Baer's comments might influence the determination of the judicial ethnics case against Judge Nealon, and whether Justice Baer would have to recuse himself if Nealon's case came to the Supreme Court. Professor Burkoff thought Justice Baer's comments were "not inappropriate," but Professor Hellman said that the comments may, indeed, require Justice Baer to recuse himself.
Sunday, August 28, 2011 - 9:20pm
Professor David Harris commented on the upcoming guilty plea of Elizabeth Jones, housemate of Michael Carlow. Carlow, convicted in the past of a major financial fraud, will go on trial soon for another alleged swindle, and Jones' guilty plea raises the prospect that she may testify against him. According to Professor Harris, a plea agreement often includes a condition that the pleading party act as a witness against others in the case. Even if this is not a condition, the person who pleads guilty may still be subpoenaed for trial, and would likely have no Fifth Amendment protection after a plea
Wednesday, August 24, 2011 - 9:57pm
Professor David Harris commented on the resentencing of State Sen. Vince Fumo after an appeals court reversed his sentence. Fumo, a powerful Philadelphia-area politician convicted of more than a hundred counts of public corruption offenses, received a 55 month sentence -- far less than the twenty-plus years prosecutors had sought under the federal sentencing guidelines. The appeals court reversed the sentence because the judge made numerous procedural mistakes in calculating the sentence, all in favor of Fumo. Professor Harris said that Fumo may very well end up with a substantially longer sentence than he received before.
Wednesday, August 24, 2011 - 3:37pm
Pitt Law Professor Arthur Hellman talked with the LA Times about the fairness of a U.S. District Judge failing to rule on a number of eligible habeas corpus petitions for years.
Read the full article here.
Tuesday, August 23, 2011 - 8:30pm
Professor Harry Flechtner spent much of the summer working in Austria and Germany. In Vienna on July 7, Professor Flechtner participated in the meeting of National Correspondents to the United Nations Commission on International Trade Law (“UNCITRAL”); he is one of two National Correspondents for the U.S. Under a grant from Pitt's University Center for International Studies (“UCIS”), Professor Flechtner taught for three weeks (June 20 – July 8) in the Summer Program in International Economic Law at the University of Augsburg (Germany), offering a course entitled Comparative International Sales Law. While in Augsburg he also co-taught a seminar on Delivery of Non-conforming Goods under the CISG for graduate students focusing on business law. Professor Flechtner's and his co-teacher, Professor Beate Gsell of the Augsburg Law Faculty, also worked together on a special joint research project about bridging differences in the interpretation of texts across legal cultures. On June 29, Professor Flechtner also gave a lecture, sponsored by the German American Bar Association (Deutsch-Amerikanische Juristen-Vereinigung) at the University of Freiburg. The lecture, entitled “The Latest U.S. CISG Decisions and What They Tell Us about the State of the Convention in the U.S. and World Legal Systems.”
Tuesday, August 23, 2011 - 8:15pm
On August 22, 2011, Assistant Professor Charles C. Jalloh presented an invited paper at an interdisciplinary academic workshop on Morality, Jus Post Bellum and International Law at Vanderbilt Law School in Nashville, Tennessee.