Rodney Uphoff Publications

Academic Journals

Sentencing Reform: Fixing Root Problems, 87 UMKC LAW REVIEW 97 (2018).

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“What Do I Do With the Porn On My Computer?”: How A Lawyer Should Counsel Clients About Physical Evidence, 54 AMERICAN CRIMINAL LAW REVIEW 751 (2017).

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Systemic Barriers to Effective Assistance of Counsel in Plea Bargaining, 99 IOWA LAW REVIEW 2103 (2014)

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The Physical Evidence Dilemma: Does ABA Standard 4-4.6 Offer Appropriate Guidance?, 62 HASTINGS LAW JOURNAL 1177 (2011).

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Forward: Symposium on Broke and Broken: Can We Fix Our State Indigent Defense System?, 75 MISSOURI LAW REVIEW 667 (2010).

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On Misjudging and its Implications for Criminal Defendants, their Lawyers and the Criminal Justice System, 7 NEVADA LAW JOURNAL 521 (2007).

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Convicting the Innocent: Aberration or Systemic Problem?, 2006 WISCONSIN LAW REVIEW 739 (2006).

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Relations Between Lawyer and Client in Damages: Model, Typical, or Dysfunctional?, 2004 JOURNAL OF DISPUTE RESOLUTION 145 (2004).

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Who Should Control the Decision to Call a Witness: Respecting a Criminal Defendant’s Tactical Choices, 68 UNIVERSITY OF CINCINNATI LAW REVIEW 763 (2000).

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Why in-House Live Client Clinics Won’t Work in Romania: Confessions of a Clinician Educator, 6 CLINICAL LAW REVIEW 315 (1999).

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Allocation of Decisionmaking between Defense Counsel and Criminal Defendant: An Empirical Study of Attorney-Client Decisionmaking, 47 UNIVERSITY OF KANSAS LAW REVIEW 1

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Preparing the New Law Graduate to Practice Law: A View from the Trenches with James J. Clark and Edward C. Monahan, 65 UNIVERSITY OF CINCINNATI LAW REVIEW 381 (1997).

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The Criminal Defense Lawyer as Effective Negotiator: A Systemic Approach, 2 CLINICAL LAW REVIEW 73 (1995).

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Criminal Discovery in Oklahoma: A Call for Legislative Action, 46 OKLAHOMA LAW REVIEW 381 (1993).

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The New Criminal Discovery Code in Oklahoma: A Two Way Street in the Wrong Direction, 44 OKLAHOMA LAW REVIEW 387 (1991).

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Role of the Criminal Defense Lawyer in Representing the Mentally Impaired Defendant: Zealous Advocate or Officer of the Court, 1988 WISCONSIN LAW REVIEW 65 (1988).

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Book Chapters/Collected Works

The Duke Defendants Reaped the Benefits of a Zealous Defense — But Do Only the Rich Get Real Lawyers?, in, RACE TO INJUSTICE: LESSONS LEARNED FROM THE DUKE LACROSSE RAPE CASE

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Professional Journals

Handling Physical Evidence: Guidance found in ABA Standard 4-4.6, 26-Sum CRIMINAL JUSTICE 4

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Book Review: Case of a Lifetime: a Criminal Defense Lawyer's Story by Abbe Smith Palgrave MacMillan, 32-Aug CHAMPION 79

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Strategic Decisions in the Criminal Case: Who's Really Calling the Shots?, 14-Fall CRIMINAL JUSTICE 4

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The Criminal Defense Lawyer: Zealous Advocate, Double Agent, or Beleaguered Dealer, 28 CRIMINAL LAW BULLETIN 419