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However, when the resources provide dare not adequate to allow the system to fulfill its constitutional obligation to provide competent representation, the government's desire to economize, no matter how understandable, must be constrained.
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
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.
If effective assistance of counsel standards are going to change, they will probably change first in capital cases because the stakes are so high.
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.
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.
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.
It is reasonably clear that the data in these tables support the contention of the plaintiff's assertion in Garner of racial discrimination in the use of deadly force.
Judge Weinstein's creative modifications of the classic lodestar method should be particularly influential and useful in future mass tort litigation.
To the contrary, much of what the Court has been practicing has been exceedingly democratic.
The judicial branch cannot command the legislative branch to enact a law penalizing those who violate the constitutional rights of others.
The Symposium and the articles are in part a proposal for mutual responsibility. They have been designed to focus attention upon the complex ways in which the law interacts with politics, society, and radical visions for change. If civil rights
State courts provide a hopeful alternative for the protection of civil liberties, and have the potential to exercise their independence forcefully as new guardians of individual rights.
Notwithstanding Supreme Court decisions which assert that capital punishment is now administered fairly, the plain truth is that the process is administered unfairly in a tremendous number of cases.
The ultimate evolution of American labor law cannot be adequately understood without an appreciation of the contribution of organized labor.