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The American system of criminal justice is distinctive in three respects. First, it makes the kind of justice that a defendant receives more dependent on the quality of counsel than any other legal system in the world.
As over-worked as the institutional lawyer may be, very often she is the best person to represent the accused.
We should take little comfort in devising rules and institutions that purport to protect defendants as long as punishment remains our overriding goal.
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.
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.
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.
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.
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.
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.
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.
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 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
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.
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.