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.
The Review: Volume 14
Preview
In Depth Reading
Volume 14 Issue 1
What is the Assistance of Counsel Effective For
We should take little comfort in devising rules and institutions that purport to protect defendants as long as punishment remains our overriding goal.
Keynote Address -- Effective Assistance of Counsel for the Indigent Criminal Defendant: Has the Promise Been Fulfilled
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.
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.
Volume 14 Issue 2
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.
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.
Religious Rights of Children: A Gallery of Judicial Visions
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.
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.
Volume 14 Issue 3
Attorney's Fees in the Agent Orange Litigation: Modifying the Lodestar Analysis for Mass Tort Cases
Judge Weinstein's creative modifications of the classic lodestar method should be particularly influential and useful in future mass tort litigation.
Overview: Court-Awarded Attorney's Fees
In an era of soaring government deficits and a conservative Civil Rights Commission and Justice Department, the role of public interest litigation is becoming increasingly essential in protecting the rights of the under-represented.
Community Dispute Resolution: First-Class Process or Second-Class Justice
Mediation is a first-class process that provides first-class justice.
Alternative Dispute Resolution and International Trade
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.
Volume 14 Issue 4
We Are All Part of One Another: Sodomy Laws and Morality on Both Sides of the Atlantic
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.
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