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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 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.
If effective assistance of counsel standards are going to change, they will probably change first in capital cases because the stakes are so high.
If we really wish to ensure effective assistance of counsel, we must create rigorous advocacy-based standards of defense counsel competency, provide adequate teaching and support systems for the provision of criminal justice defense services, and depend less on after-the-fact judicial
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.
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.
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.
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.
To the contrary, much of what the Court has been practicing has been exceedingly democratic.
The tactic is unethical because it is not the product of a good faith interpretation of the law in the client's favor, but rather the exploitation of a disequilibrium in litigating posture not related to the relative merits of the
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
The Supreme Court's majority opinion in Garner, and to a lesser extent, the minority opinion, support our society's concept of civilization by more accurately establishing justice and promoting domestic tranquility.
State courts provide a hopeful alternative for the protection of civil liberties, and have the potential to exercise their independence forcefully as new guardians of individual rights.
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.