Panel Discussion of Effective Assistance on the Assembly Line
If lawyers love to try cases, why don't they try them? One reason is that the system attaches enormous consequences to a defend-ant's decision to stand trial.
The Review: Volume 14
Preview
Issue 1
featuring
- Responses to The Adversary System, Advocacy, and Effective Assistance of Counsel in Criminal Cases
- Responses to Systemic Challenge and Strategies for Reform Papers
- Responses to Divided Loyalties: Musings on Some Ethical Dilemmas for the Institutional Criminal Defense Attorney
- Divided Loyalties: Musings on Some Ethical Dilemmas for the Institutional Criminal Defense Attorney
Issue 2
featuring
Issue 3
featuring
In Depth Reading
Volume 14 Issue 1
Panel Discussion of Response to Divided Loyalties: Musings on Some Ethical Dilemmas for the Institutional Criminal Defense Attorney
How would you distinguish between overzealous representation, and collaboration with the court and the district attorney, which dilutes the quality of ethical representation?
The Ethical Dilemmas of Public Defenders in Impact Litigation
The institutional lawyer's already hectic life of high caseloads and constant emergencies will be complicated further by lengthy discussions with clients about conflicts and potential consequences of such conflicts.
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.
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.
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
The New Meaning of Rule 68: Marek v. Chesny and Beyond
Although rule 68 will undoubtedly have harsh consequences in somecases, and although Marek has given more leverage to defendants than to plaintiffs, the Supreme Court's construction of the rule ought to encourage defendants to make generous rule 68 offers relatively
Overview: Court-Awarded Attorney's Fees
In an era of soaring government deficits and a conservative Civil Rights Commission and Justice Department, the role of public interest litigation is becoming increasingly essential in protecting the rights of the under-represented.
John V. Evans v. Jeff D. - Brief for Amici Curiae (Comm. of Legal Assistance in NY)
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
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.
Volume 14 Issue 4
The Death of Fairness: The Arbitrary and Capricious Imposition of the Death Penalty in the 1980's
Notwithstanding Supreme Court decisions which assert that capital punishment is now administered fairly, the plain truth is that the process is administered unfairly in a tremendous number of cases.
Car Wars: Strikes, Arbitration, and Class Struggle in the Making of Labor Law
The ultimate evolution of American labor law cannot be adequately understood without an appreciation of the contribution of organized labor.
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.
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.