A lawyer's ability to invoke discretion is one of the things she offers her client, as well as one of the sources of the problem we're talking about today.
If effective assistance of counsel standards are going to change, they will probably change first in capital cases because the stakes are so high.
Only when the general public believes that they themselves may rely on as-signed counsel will they be concerned about the quality and availability of legal assistance.
Thus, even under conditions of assembly line justice, a system of public trials is bound to produce more accurate, better informed determinations of guilt than a system of plea bargaining.
Some feminist theorists and most judicial decisions obscure the duality between the law's treatment of the employment rights of the majority and the minority of women.
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.
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.
Modern decisions document that defendants are frequently subjected to multiple prosecutions that are neither reviewed by executive authority nor subject to judicial review.
Judge Weinstein's creative modifications of the classic lodestar method should be particularly influential and useful in future mass tort litigation.
The Supreme Court's majority opinion in Garner, and to a lesser extent, the minority opinion, support our society's concept of civilization by more accurately establishing justice and promoting domestic tranquility.
While there are appropriate limitations to a mediator's intervention in family disputes, mediation is a process which can be helpful to families throughout the family life cycle.
Although rule 68 will undoubtedly have harsh consequences in somecases, and although Marek has given more leverage to defendants than to plaintiffs, the Supreme Court's construction of the rule ought to encourage defendants to make generous rule 68 offers relatively
The ultimate evolution of American labor law cannot be adequately understood without an appreciation of the contribution of organized labor.