Effective Assistance on the Assembly Line
Thus, even under conditions of assembly line justice, a system of public trials is bound to produce more accurate, better informed determinations of guilt than a system of plea bargaining.
The Review: Volume 14
Preview
In Depth Reading
Volume 14 Issue 1
Panel Discussion of Response to Divided Loyalties: Musings on Some Ethical Dilemmas for the Institutional Criminal Defense Attorney
How would you distinguish between overzealous representation, and collaboration with the court and the district attorney, which dilutes the quality of ethical representation?
Divided Loyalties: Musings on Some Ethical Dilemmas for the Institutional Criminal Defense Attorney
As over-worked as the institutional lawyer may be, very often she is the best person to represent the accused.
Litigative Approaches to Enforcing the Right to Effective Assistance of Counsel in Criminal Cases
Argument that courts must approach the failure to fund public defenders at the systemic level rather than on a case-by-case basis.
Volume 14 Issue 2
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.
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.
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
Overview: Tennessee v. Garner and the Use of Deadly Force
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.
The Shot in the Back Case: Tennessee v. Garner
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.
Court-Ordered Mediation in Family Disputes: The New York Proposal
Evidence exists that mediation helps parents develop custody arrangements for their children with less hostility and trauma than traditional negotiation and litigation.
Overview: Trends in Alternative Dispute Resolution
The following articles present a sampling of the areas in which ADR is currently being used.
Volume 14 Issue 4
The Social Psychology of Homophobia: Toward a Practical Theory
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,
Car Wars: Strikes, Arbitration, and Class Struggle in the Making of Labor Law
The ultimate evolution of American labor law cannot be adequately understood without an appreciation of the contribution of organized labor.
The Death of Fairness: The Arbitrary and Capricious Imposition of the Death Penalty in the 1980's
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.