The University of the District of Columbia Law ... - UDC Law Review

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The University of the District of ColumbiaLaw ReviewVolume 6 Fall 2001 Number 1INTRODUCTIONDimone G. Long lI am truly proud to introduce this monumental issue of the University of theDistrict of Columbia Law Review, which takes a progressive approach at addressinglegal issues that will assist in reshaping advocacy in the new millennium. Thisedition of the University of the District of Columbia Law review is unique in thatit explores an array of legal doctrines from domestic violence to bankruptcy law,while keeping true to the Law Review's firm commitment to grappling with issuesin public interest law.THE ARTICLEThe first article is from an outside author, Larry Cunningham, who is currently aLaw Clerk for the Honorable Claude M. Hilton of the U.S. District Court for theEastern District of Virginia. Mr. Cunningham explains how lawyers who commitcrimes face two punishments: a court sentence and a disciplinary review by thestate bar association. If a lawyer is charged with a crime of "moral turpitude,"then the lawyer is automatically disbarred. Thus, the Court's decisions are crucialto the career of the lawyers before them. The District of Columbia Court ofAppeals has struggled to define "moral turpitude" through interpretation of D.C.statutes. Mr. Cunningham argues that despite the criticism given to the D.C.Court of Appeals' approach in defining moral turpitude, the Court's response tothis issue has evolved over the past 30 years into an organized and routine system.This article describes the court's efforts, through analysis of dozens of cases,to create a comprehensible, organized response system.THE COMMENTSAdditionally, four students from the University of the District of ColumbiaSchool of Law have submitted comments that focus on reshaping advocacy in the1 Dimone G. Long is the current Editor-in-Chief of the University of the District of ColumbiaLaw Review.
2 THE UNIVERSITY OF THE DISTRlcr OF COLUMBIA LAW REVIEWnew millennium. In her thought-provoking article entitled, "Capital Punishment:21st Century Lynching," Serena Hargrove presents a riveting examination of thedisproportionate impact the death penalty has on African American defendants.She begins by showing the comparisons between 19th century lynching and theimplementation of capital punishment. She goes on to identify how theprejudices of those in the legal profession work to the disadvantage of AfricanAmerican males. Furthermore, she points out how Congress has failed to adequatelyrectify this problem over the years and takes the initiative to suggestsome remedies that may enable defendants to challenge racially discriminatorypractices.Ms. Hargrove's comment is followed by Angela KilIan's in-depth look at domesticviolence in the District. Ms. Killian advocates a new response to domesticviolence in an effort to curb such abuse in, "Mandatory Minimum SentencesCoupled With Multi-Facet Interventions: An Effective Response to Domestic Violence."Her comment not only describes the history of domestic violence andthe District of Columbia's response to such violence, but she also critically evaluatesthis response, and offers her suggestions on ways to improve the District'sresponse in a way that will be effective in stopping the spread of domesticviolence.Steven Boretos presents the next article entitled, "Indications of Excessive Incarcerationin the United States," which examines criminal statutes and publicsentiments that have led to the United States being ranked first in the world inprison population. Mr. Boretos's explanations for these high numbers includeracial discrimination and public policies that have been instituted over the pastfew years, such as the "War on Drugs" and "Zero Tolerance". Mr. Boretos forcesthe reader to question whether tougher laws are the answer to solving our overloadedprison system, or whether tougher laws are already too severe for certaintypes of criminals. He advocates more social and rehabilitation programs as alternativesfor certain criminals as the answer to this recent phenomenon.In the last student comment, Jim Neher discusses new and innovative ways atreshaping advocacy in bankruptcy law in his informative comment, "Rethinkingthe Discharge of Pre-Petition Attorney Fees in Chapter 7 Bankruptcy: A DebtorOriented Perspective," Mr. Neher examines a provision in the Bankruptcy Codethat the majority of the courts have interpreted to mean that when a petitionerfiles a Chapter 7 bankruptcy, unpaid attorney's fees for pre-petition work aredischarged. He shows the fallacy in this interpretation and advocates that theminority view, which does not allow for discharge of attorney's fees unless theyare in excess, is a better solution for both attorneys and clients, as well as maintainsCongress's intent when Congress enacted the Bankruptcy Act. He concludesthat such a system would provide an incentive to more attorneys torepresent persons in bankruptcy cases.
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