What is the Assistance of Counsel Effective For
Criminal defense has no real purpose until society eliminates the goal of punishment from criminal justice.
The Review: Volume 14
Preview
Issue 1
featuring
- Litigative Approaches to Enforcing the Right to Effective Assistace of Counsel in Criminal Cases
- Systemic Reform: Some Thoughts on Taking the Horse before the Cart
- Criminal Trials, Negotiated Pleas, and the Effective Assistance of Counsel: Notes about and Toward a Theory of the Attorney's Role in Case Resolution
- Bench Trials, Adversariness, and Plea Bargaining: A Comment on Schulhofers's Plan
Issue 2
featuring
- Legality of Detaining Refugees in the United States, The
- Museum Rights vs. Indian Rights: Guidelines for Assessing Competing Legal Interests in Native Cultural Resources
- New Jersey v. T.L.O.--Closing the Schoolhouse Gate on the Fourth Amendment
- Religious Rights of Children: A Gallery of Judicial Visions
Issue 3
featuring
In Depth Reading
Volume 14 Issue 1
Bench Trials, Adversariness, and Plea Bargaining: A Comment on Schulhofers's Plan
A review of Prof. Stephen Schulhofer's article arguing that the Philadelphia bench trial provides a creative solution to the expense of jury trials.
Systemic Reform: Some Thoughts on Taking the Horse before the Cart
Critique of Wilson and Mounts approach to reforming public defender system, arguing that focus should not be on judiciary.
Ethical Dilemmas of Public Defenders in Impact Litigation, The
Public defenders involved in impact litigation are often confronted with ethical challenges when individual cases create analytically divergent approaches
Volume 14 Issue 2
Dual Sovereignty Exception to Double Jeopardy, The
Explanation of how the dual federal and state sovereignty system led to double jeopardy for criminal trials historically.
Museum Rights vs. Indian Rights: Guidelines for Assessing Competing Legal Interests in Native Cultural Resources
Legal history of tensions and common ground between museums and Native American tribes over artifacts.
New Jersey v. T.L.O.--Closing the Schoolhouse Gate on the Fourth Amendment
Close examination of historical New Jersey v. T.L.O. 4th Amendment case regarding illegal search and seizure related to students' possessions at school.
Legality of Detaining Refugees in the United States, The
History of "alien" detention in the U.S., beginning with 1950s and focusing on groups from Cuba, Haiti, and other nations, through challenges in the present.
Volume 14 Issue 3
Attorney's Fees in the Agent Orange Litigation: Modifying the Lodestar Analysis for Mass Tort Cases
Discusses customary approaches to awarding attorney's fees, analyzes how attorney's fees were awarded in a mass tort class action and its value as a model
Alternative Dispute Resolution and International Trade
Discusses the reasons that arbitration is the preferred ADR method in international trade disputes and the importance of ADR to growth of transnational commerce
Seizure by Gunshot: The Riddle of the Fleeing Felon
Discusses Garner's impact on the exclusionary rule in criminal prosecutions and on the justification defense
Overview: Tennessee v. Garner and the Use of Deadly Force
Overview of the Supreme Court's decision to find the use of deadly force against nondangerous, fleeing felony suspects an unconstitutional violation of the fourth amendment