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.
The Review: Volume 14
Preview
In Depth Reading
Volume 14 Issue 1
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.
Right to Counsel and the Indigent Defense System
A survey of cases such as Cronic, Strickland, and Cooper demonstrating the system-wide burdens on public defenders.
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.
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 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.
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.
Volume 14 Issue 3
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.
Community Dispute Resolution: First-Class Process or Second-Class Justice
Mediation is a first-class process that provides first-class justice.
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: 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.
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.
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.