Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
The Prioritization Of Criminal Over Civil Counsel And The Discounted Danger Of Private Power, Kathryn A. Sabbeth
The Prioritization Of Criminal Over Civil Counsel And The Discounted Danger Of Private Power, Kathryn A. Sabbeth
Florida State University Law Review
This Article seeks to make two contributions to the literature on the role of counsel. First, it brings together civil Gideon research and recent studies of collateral consequences. Like criminal convictions, civil judgments result in far-reaching collateral consequences, and these should be included in any evaluation of the private interests that civil lawyers protect. Second, this Article argues that the prioritization of criminal defense counsel over civil counsel reflects a mistaken view of lawyers’ primary role as a shield against government power. Lawyers also serve a vital role in checking the power of private actors. As private actors increasingly take …
The New Racial Justice: Moving Beyond The Equal Protection Clause To Achieve Equal Protection, Emily Chiang
The New Racial Justice: Moving Beyond The Equal Protection Clause To Achieve Equal Protection, Emily Chiang
Florida State University Law Review
Since handing down Washington v. Davis and Arlington Heights v. Metropolitan Housing Development, the United States Supreme Court has significantly curtailed the ability of plaintiffs to bring disparate impact claims under the Equal Protection Clause. Many academics continue to talk about the standards governing intent and disparate impact. Some recent scholarship recognizes that reformers on the ground have shifted away from equality-based claims altogether. This Article contends that civil rights advocates replaced the old equal protection framework some time ago and that they did so deliberately and with great success. It expands upon and refines the strategy shift some …
The Confinement Of Mabel Jones: Is There A Right To Jury Trial In Civil Commitment Proceedings?, Vicki Gordon Kaufman
The Confinement Of Mabel Jones: Is There A Right To Jury Trial In Civil Commitment Proceedings?, Vicki Gordon Kaufman
Florida State University Law Review
No abstract provided.