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
It is reasonably clear that the data in these tables support the contention of the plaintiff's assertion in Garner of racial discrimination in the use of deadly force.
To the contrary, much of what the Court has been practicing has been exceedingly democratic.
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.
The judicial branch cannot command the legislative branch to enact a law penalizing those who violate the constitutional rights of others.
Only if we consciously seek deregulation in the judicial branch does it make sense to significantly reduce or omit the fact determination process.,
The following articles present a sampling of the areas in which ADR is currently being used.
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.
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.
Although rule 68 will undoubtedly have harsh consequences in somecases, and although Marek has given more leverage to defendants than to plaintiffs, the Supreme Court's construction of the rule ought to encourage defendants to make generous rule 68 offers relatively
In civil rights injunctive suits such as this case, federal courts cannot con-done, much less enforce, defense efforts to coerce fee waivers by conditioning substantial merits relief for plaintiffs upon counsel's abandonment of statutory fee entitlement.
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.
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
Evidence exists that mediation helps parents develop custody arrangements for their children with less hostility and trauma than traditional negotiation and litigation.
Mediation is a first-class process that provides first-class justice.
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.
Other Issues in this Volume
- Keynote Address -- Effective Assistance of Counsel for the Indigent Criminal Defendant: Has the Promise Been Fulfilled
- Responses to Divided Loyalties: Musings on Some Ethical Dilemmas for the Institutional Criminal Defense Attorney
- Responses to Free Counsel: A Right, Not a Charity & Determining Client Eligibility for Appointed Counsel
- Closing Address