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
Issue 1
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Issue 2
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Issue 3
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- Overview: Trends in Alternative Dispute Resolution
- Attorney's Fees in the Agent Orange Litigation: Modifying the Lodestar Analysis for Mass Tort Cases
- John V. Evans v. Jeff D. - Brief for Amici Curiae (NAACP, Lawyers Comm. for Civil Rights, ACLU, NY Legal Aid Society)
- Alternative Dispute Resolution and International Trade
In Depth Reading
Volume 14 Issue 1
Keynote Address -- Effective Assistance of Counsel for the Indigent Criminal Defendant: Has the Promise Been Fulfilled
Unless criminal defense lawyers are adequately compensated and are able to function effectively, the capacity of government to overreach will not be challenged, and the great protections of the Bill of Rights will not be realized by all citizens.
Responses to Divided Loyalties: Musings on Some Ethical Dilemmas for the Institutional Criminal Defense Attorney
A lawyer's ability to invoke discretion is one of the things she offers her client, as well as one of the sources of the problem we're talking about today.
Determining Client Eligibility for Appointed Counsel: A Strategy for Reform in New York State
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.
Volume 14 Issue 2
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.
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
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
Seizure by Gunshot: The Riddle of the Fleeing Felon
The judicial branch cannot command the legislative branch to enact a law penalizing those who violate the constitutional rights of others.
The Shot in the Back Case: Tennessee v. Garner
The Supreme Court's majority opinion in Garner, and to a lesser extent, the minority opinion, support our society's concept of civilization by more accurately establishing justice and promoting domestic tranquility.
Current Proposals in Congress to Limit and to Bar Court-Awarded Attorney's Fees in Public Interest Litigation
As a corollary, if the obstacles contained in the anti-fee proposals discussed herein are given serious consideration by Congress, and subsequently enacted, it will be unlikely indeed that competent private counsel will be available to represent potential plaintiffs whose rights
Volume 14 Issue 4
Constitutional Privacy and Homosexual Love
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
Repeat after Me: We Are Different--We Are the Same
We must acknowledge that the world does not see us in the same way, and what is more important, that we do not see the world in exactly the same way.