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Unless criminal defense lawyers are adequately compensated and are able to function effectively, the capacity of government to overreach will not be challenged, and the great protections of the Bill of Rights will not be realized by all citizens.
Even if the judiciary were willing to intervene in the manner suggested by the authors, which I seriously question, improvement in the delivery of defense services will not occur until the profession, through legal education and the process of certification,
The American system of criminal justice is distinctive in three respects. First, it makes the kind of justice that a defendant receives more dependent on the quality of counsel than any other legal system in the world.
The argument that the Court should provide standards for the benefit of attorneys is an argument for a prophylactic approach to constitutional law, an approach that is difficult to defend.
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.
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.
Mediation is a first-class process that provides first-class justice.
The following articles present a sampling of the areas in which ADR is currently being used.
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.
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.
I believe that the most effective way to bring about these changes is for lesbians and gay men to come out, to disclose their sexual orientation to close friends, to the people they love, the people with whom they live,
If the majorities in the United States and the United Kingdom refuse to value social connections over abstract moral theories, they will continue to splinter their respective societies and heap suffering upon lesbians and gay men.