How would you distinguish between overzealous representation, and collaboration with the court and the district attorney, which dilutes the quality of ethical representation?
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
If effective assistance of counsel standards are going to change, they will probably change first in capital cases because the stakes are so high.
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.
Modern decisions document that defendants are frequently subjected to multiple prosecutions that are neither reviewed by executive authority nor subject to judicial review.
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.
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.
Judge Weinstein's creative modifications of the classic lodestar method should be particularly influential and useful in future mass tort litigation.
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.
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.
Evidence exists that mediation helps parents develop custody arrangements for their children with less hostility and trauma than traditional negotiation and litigation.
The emergence of lesbian families provides a unique opportunity in history to raise children in a home with two parents of potentially equal power.