The argument that the Court should provide standards for the benefit of attorneys is an argument for a prophylactic approach to constitutional law, an approach that is difficult to defend.
- Notes Index
- Sex, Politics & the Law: Lesbians & Gay Men Take the Offensive--Preface
- Book Reviews - Index
- 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
In Depth Reading
Volume 14 Issue 1
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
The ultimate catalyst for change, however, should be a statewide public defense commission comprised of attorneys and laypersons who have demonstrated an interest in public defense services, as well as representatives of impoverished and low-income communities throughout New York State.
The grim reception given to Jim Neuhard's idea that the state should assume all defense costs indicates how far even the experts have moved away from the concept that an adequate defense is a critically important part of any real
Volume 14 Issue 2
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.
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.
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.
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
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.
Only if we consciously seek deregulation in the judicial branch does it make sense to significantly reduce or omit the fact determination process.,
Judge Weinstein's creative modifications of the classic lodestar method should be particularly influential and useful in future mass tort litigation.
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.
Volume 14 Issue 4
I believe that the most effective way to bring about these changes is for lesbians and gay men to come out, to disclose their sexual orientation to close friends, to the people they love, the people with whom they live,
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.
For me, the criminalization of homosexuality is, at bottom, a grievous harm to the spiritual lives of people who deserve more from their constitutional traditions than unjust contempt. Constitutional privacy affords the remedy for this wrong. It is time that