Responses to Systemic Challenge and Strategies for Reform Papers
The ultimate questions are who is going to be employed in these defender agencies and what is their commitment to the individuals and the necessary lawyering tasks.
The Review: Volume 14
Preview
In Depth Reading
Volume 14 Issue 1
Responses to The Adversary System, Advocacy, and Effective Assistance of Counsel in Criminal Cases
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.
Preface -- Effective Assistance of Counsel for the Indigent Criminal Defendant: Has the Promise Been Fulfilled
Motivated by our concern about these problems, the Review of Law & Social Change sponsored a colloquium on March 23, 1985 to examine a variety of issues involving the effective assistance of counsel for the indigent criminal defendant.
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 Legality of Detaining Refugees in the United States
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.
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.
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.
Volume 14 Issue 3
Seizure by Gunshot: The Riddle of the Fleeing Felon
The judicial branch cannot command the legislative branch to enact a law penalizing those who violate the constitutional rights of others.
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.
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
Lesbian Mothers, Lesbian Families: Legal Obstacles, Legal Challenges
The emergence of lesbian families provides a unique opportunity in history to raise children in a home with two parents of potentially equal power.