Right to Counsel and the Indigent Defense System
A survey of cases such as Cronic, Strickland, and Cooper demonstrating the system-wide burdens on public defenders.
The Review: Volume 14
Preview
In Depth Reading
Volume 14 Issue 1
Effective Assistance on the Assembly Line
Thus, even under conditions of assembly line justice, a system of public trials is bound to produce more accurate, better informed determinations of guilt than a system of plea bargaining.
Dilemmas in New Models for Indigent Defense
However, it is critical to move away from a focus on individual cases of injustice towards a system-wide view.
Responses to Systemic Challenge and Strategies for Reform Papers
The ultimate questions are who is going to be employed in these defender agencies and what is their commitment to the individuals and the necessary lawyering tasks.
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.
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.
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.
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
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.
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
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.
Promoting Settlement, Foregoing the Facts
Only if we consciously seek deregulation in the judicial branch does it make sense to significantly reduce or omit the fact determination process.,
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.
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.