Dilemmas in New Models for Indigent Defense
However, it is critical to move away from a focus on individual cases of injustice towards a system-wide view.
The Review: Volume 14
Preview
In Depth Reading
Volume 14 Issue 1
Bench Trials, Adversariness, and Plea Bargaining: A Comment on Schulhofers's Plan
More generally, I think the most important lesson to be drawn from Schulhofer's study of Philadelphia is that vigorous advocacy is not as dependent upon the form or forum of decision making as it is upon the quality of representation
Determining Client Eligibility for Appointed Counsel: A Strategy for Reform in New York State
The ultimate catalyst for change, however, should be a statewide public defense commission comprised of attorneys and laypersons who have demonstrated an interest in public defense services, as well as representatives of impoverished and low-income communities throughout New York State.
The Adversary System, Advocacy, and Effective Assistance of Counsel in Criminal Cases
If we really wish to ensure effective assistance of counsel, we must create rigorous advocacy-based standards of defense counsel competency, provide adequate teaching and support systems for the provision of criminal justice defense services, and depend less on after-the-fact judicial
Volume 14 Issue 2
New Jersey v. T.L.O. - Closing the Schoolhouse Gate on the Fourth Amendment
Replacing the constitutionally mandated requirement of probable cause with a reasonableness standard subject to wide interpretation is especially dangerous where aright as fundamental as privacy is at stake.
Museum Rights vs. Indian Rights: Guidelines for Assessing Competing Legal Interests in Native Cultural Resources
From society's standpoint it is important to preserve not only Native religious property, but also the irreplaceable Native beliefs and practices associated with that property.
Religious Rights of Children: A Gallery of Judicial Visions
Throughout the development of the public education system in this country, the Supreme Court, Congress, and the American majority have supported the power and right of the public schools to serve a socialization function.
The Legality of Detaining Refugees in the United States
This policy of deterrence violates domestic and international law and it should be curtailed. Only by eliminating the detention policy will the human rights of refugees and other aliens be vindicated.
Volume 14 Issue 3
John V. Evans v. Jeff D. - Brief for Amici Curiae (NAACP, Lawyers Comm. for Civil Rights, ACLU, NY Legal Aid Society)
In civil rights injunctive suits such as this case, federal courts cannot con-done, much less enforce, defense efforts to coerce fee waivers by conditioning substantial merits relief for plaintiffs upon counsel's abandonment of statutory fee entitlement.
Seizure by Gunshot: The Riddle of the Fleeing Felon
The judicial branch cannot command the legislative branch to enact a law penalizing those who violate the constitutional rights of others.
Overview: Court-Awarded Attorney's Fees
In an era of soaring government deficits and a conservative Civil Rights Commission and Justice Department, the role of public interest litigation is becoming increasingly essential in protecting the rights of the under-represented.
Current Proposals in Congress to Limit and to Bar Court-Awarded Attorney's Fees in Public Interest Litigation
As a corollary, if the obstacles contained in the anti-fee proposals discussed herein are given serious consideration by Congress, and subsequently enacted, it will be unlikely indeed that competent private counsel will be available to represent potential plaintiffs whose rights
Volume 14 Issue 4
Repeat after Me: We Are Different--We Are the Same
We must acknowledge that the world does not see us in the same way, and what is more important, that we do not see the world in exactly the same way.
Making and Unmaking Minorities: The Tensions between Gay Politics and History
A multifaceted movement which takes on that task, in its own community and in society, will provide lawyers and lobbyists with a social and political context that can radically reshape our legal and legislative strategies.