Free Counsel: A Right, Not a Charity
Only when the general public believes that they themselves may rely on as-signed counsel will they be concerned about the quality and availability of legal assistance.
The Review: Volume 14
Preview
Issue 1
featuring
- Responses to Systemic Challenge and Strategies for Reform Papers
- Responses to Free Counsel: A Right, Not a Charity & Determining Client Eligibility for Appointed Counsel
- Determining Client Eligibility for Appointed Counsel: A Strategy for Reform in New York State
- Systems for Providing Indigent Defense: An Introduction
Issue 2
featuring
Issue 3
featuring
In Depth Reading
Volume 14 Issue 1
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.
Bench Trials, Adversariness, and Plea Bargaining: A Comment on Schulhofers's Plan
More generally, I think the most important lesson to be drawn from Schulhofer's study of Philadelphia is that vigorous advocacy is not as dependent upon the form or forum of decision making as it is upon the quality of representation
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
Volume 14 Issue 2
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.
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.
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
Family Mediation
While there are appropriate limitations to a mediator's intervention in family disputes, mediation is a process which can be helpful to families throughout the family life cycle.
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.
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.
Community Dispute Resolution: First-Class Process or Second-Class Justice
Mediation is a first-class process that provides first-class justice.
Volume 14 Issue 4
Politically Motivated Boycotts with Commercial Benefits: A Consolidated Rule of Reason Judicial Standard
The "consolidated" rule of reason is in-tended to assist courts in distinguishing genuine politically motivated boycotts with commercial benefits from general anti-competitive ones.