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More generally, I think the most important lesson to be drawn from Schulhofer's study of Philadelphia is that vigorous advocacy is not as dependent upon the form or forum of decision making as it is upon the quality of representation
Even if the judiciary were willing to intervene in the manner suggested by the authors, which I seriously question, improvement in the delivery of defense services will not occur until the profession, through legal education and the process of certification,
The argument that the Court should provide standards for the benefit of attorneys is an argument for a prophylactic approach to constitutional law, an approach that is difficult to defend.
If effective assistance of counsel standards are going to change, they will probably change first in capital cases because the stakes are so high.
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.
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.
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.
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
It is reasonably clear that the data in these tables support the contention of the plaintiff's assertion in Garner of racial discrimination in the use of deadly force.
The judicial branch cannot command the legislative branch to enact a law penalizing those who violate the constitutional rights of others.
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.
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.
The ultimate evolution of American labor law cannot be adequately understood without an appreciation of the contribution of organized labor.
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.