Closing Address
This Colloquium goes to the heart of what our legal system is all about; that our society is not ready to address such crucial issues is troublesome, and very damning.
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This Colloquium goes to the heart of what our legal system is all about; that our society is not ready to address such crucial issues is troublesome, and very damning.
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.
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.
We should take little comfort in devising rules and institutions that purport to protect defendants as long as punishment remains our overriding goal.
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.
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.
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.
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.
Avoiding both the due process and the cruel and unusual punishment analyses, the Court held that such action violates the fourth amendment prohibition against unreasonable searches and seizures.
To the contrary, much of what the Court has been practicing has been exceedingly democratic.
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 value of ADR lies not only in the fact that it is a private mode of dispute settlement, but also in that it frees the participants from worry about parochial legal systems and applicable law.
For me, the criminalization of homosexuality is, at bottom, a grievous harm to the spiritual lives of people who deserve more from their constitutional traditions than unjust contempt. Constitutional privacy affords the remedy for this wrong. It is time that
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.