Free Counsel: A Right, Not a Charity
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.
The Review: Volume 14
Preview
Issue 1
featuring
- Systems for Providing Indigent Defense: An Introduction
- What is the Assistance of Counsel Effective For
- Determining Client Eligibility for Appointed Counsel: A Strategy for Reform in New York State
- Responses to Free Counsel: A Right, Not a Charity & Determining Client Eligibility for Appointed Counsel
Issue 2
featuring
Issue 3
featuring
Issue 4
featuring
- Repeat after Me: We Are Different--We Are the Same
- Sex, Politics & the Law: Lesbians & Gay Men Take the Offensive--Preface
- Car Wars: Strikes, Arbitration, and Class Struggle in the Making of Labor Law
- Politically Motivated Boycotts with Commercial Benefits: A Consolidated Rule of Reason Judicial Standard
In Depth Reading
Volume 14 Issue 1
Personal Failure, Institutional Failure, and the Sixth Amendment
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.
Criminal Trials, Negotiated Pleas, and the Effective Assistance of Counsel: Notes about and Toward a Theory of the Attorney's Role in Case Resolution
These bench tri-als may have their place, and attorneys may effectively represent particulardefendants at these trials; but this admission is a far cry from a convincing argument that bench trials are both realistic and desirable alternatives to the possibility of
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.
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.
Feminism's Idealist Error
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.
The Dual Sovereignty Exception to Double Jeopardy
Modern decisions document that defendants are frequently subjected to multiple prosecutions that are neither reviewed by executive authority nor subject to judicial review.
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.
Volume 14 Issue 3
Tennessee v. Garner and the Democratic Practice of Judicial Review
To the contrary, much of what the Court has been practicing has been exceedingly democratic.
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.
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
John V. Evans v. Jeff D. - Brief for Amici Curiae (Comm. of Legal Assistance in NY)
The tactic is unethical because it is not the product of a good faith interpretation of the law in the client's favor, but rather the exploitation of a disequilibrium in litigating posture not related to the relative merits of the
Volume 14 Issue 4
Sex, Politics & the Law: Lesbians & Gay Men Take the Offensive--Preface
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
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.