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.
The Review: Volume 14
Preview
Issue 1
featuring
- Responses to Systemic Challenge and Strategies for Reform Papers
- Litigative Approaches to Enforcing the Right to Effective Assistance of Counsel in Criminal Cases
- Criminal Trials, Negotiated Pleas, and the Effective Assistance of Counsel: Notes about and Toward a Theory of the Attorney's Role in Case Resolution
- Panel Discussion of Effective Assistance of Counsel: The Constitutional Standard
Issue 2
featuring
Issue 3
featuring
In Depth Reading
Volume 14 Issue 1
Criminal Trials, Negotiated Pleas, and the Effective Assistance of Counsel: Notes about and Toward a Theory of the Attorney's Role in Case Resolution
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
Responses to Divided Loyalties: Musings on Some Ethical Dilemmas for the Institutional Criminal Defense Attorney
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.
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.
Volume 14 Issue 2
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.
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.
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: 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.
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.
Promoting Settlement, Foregoing the Facts
Only if we consciously seek deregulation in the judicial branch does it make sense to significantly reduce or omit the fact determination process.,
Volume 14 Issue 4
Making and Unmaking Minorities: The Tensions between Gay Politics and History
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.
In the Supreme Court of the United States, October Term 1985, Michael J. Bowers, Petitioner, v. Michael Hardwick, et al., Respondents--Brief Amicus Curiae for the Lesbian Rights Project, Women's Legal Defense Fund, Equal Rights Advocates, Inc., and the National Women's Law Center
Radical, humanistic, and freedom-loving perspectives can and do become majoritarian, as dissenting opinions do, by consistent and tireless articulation, argumentation and struggle, and by refusal to retreat.
The Challenge of Symbolism
Explores the need for white gay men to acknowledge their role as symbols of the privilege historically denied to gay and lesbian people of color.