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The institutional lawyer's already hectic life of high caseloads and constant emergencies will be complicated further by lengthy discussions with clients about conflicts and potential consequences of such conflicts.
As over-worked as the institutional lawyer may be, very often she is the best person to represent the accused.
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
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.
Modern decisions document that defendants are frequently subjected to multiple prosecutions that are neither reviewed by executive authority nor subject to judicial review.
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.
Evidence exists that mediation helps parents develop custody arrangements for their children with less hostility and trauma than traditional negotiation and litigation.
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.
Judge Weinstein's creative modifications of the classic lodestar method should be particularly influential and useful in future mass tort litigation.
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 "consolidated" rule of reason is in-tended to assist courts in distinguishing genuine politically motivated boycotts with commercial benefits from general anti-competitive ones.
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.
We must acknowledge that the world does not see us in the same way, and what is more important, that we do not see the world in exactly the same way.