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Full-Text Articles in Law

Alone In The Lone Star State: How A Lack Of Centralized Public Defender Offices Fails Rural Indigent Defendants, Aiden Park Jan 2023

Alone In The Lone Star State: How A Lack Of Centralized Public Defender Offices Fails Rural Indigent Defendants, Aiden Park

University of Michigan Journal of Law Reform

The criminal justice system is stacked against indigent defendants. The disadvantages indigent defendants face are exacerbated when mixed with the unique qualities of rural America.

For instance, rural court-assigned attorneys are often picked through ad hoc systems by the very judges these attorneys must appear in front of, creating a judicial conflict of interest. The financial realities of rural public defense work often force counsel to manage a private practice while also balancing court-appointed cases. To the extent integral resources like investigators or experts are present in rural spaces, they are seldom used. This Note highlights the way Texas organizes …


Reconstructing Rural Discourse, Bailey Tulloch Apr 2022

Reconstructing Rural Discourse, Bailey Tulloch

Michigan Law Review

A Review of Where the Crawdads Sing. By Delia Owens.


Law, Lawyers And Sustainable Development: Reflections Of A Fellow Traveler, Muna B. Ndulo Jun 2021

Law, Lawyers And Sustainable Development: Reflections Of A Fellow Traveler, Muna B. Ndulo

Southern African Journal of Policy and Development

At the national level, the rule of law is necessary to create an environment for providing sustainable livelihoods and eradicating poverty. Poverty often stems from disempowerment, exclusion and discrimination. The rule of law fosters development through strengthening the voices of individuals and communities, by providing access to justice, ensuring due process and establishing remedies for the violation of rights. Security of livelihoods, shelter, tenure and contracts can enable and empower the poor to defend themselves against violations of their rights. Legal empowerment goes beyond the provision of legal remedies and supports better economic opportunities. In order for the rule of …


Is The Constitutional Court Fanning The Flames Of Potential Unrest? A Review Of Recent Political Cases, O'Brien Kaaba, Felicity Kayumba Kalunga, Pamela Towela Sambo May 2021

Is The Constitutional Court Fanning The Flames Of Potential Unrest? A Review Of Recent Political Cases, O'Brien Kaaba, Felicity Kayumba Kalunga, Pamela Towela Sambo

SAIPAR Case Review

The cases we discuss in this article raise fundamental questions about access to justice. Inefficient delivery of judgments, issuance of unreasoned or thinly reasoned rulings, inordinate delay in hearing matters, and awarding of unwarranted costs in public interest matters all militate against access to justice. Access to justice is important in maintaining law and order and promoting the rule of law. As US Supreme Court Judge, Stevens, stated in Bush v Gore 531 US 98 (2000), ‘It is confidence in the men and women who administer the judicial system that is the true backbone of the rule of law.’ Where …


Plea Bargaining, Reconciliation And Access To Justice In Zambia: Exploring The Invisible Link, O’Brien Kaaba, Tony Zhou Jan 2020

Plea Bargaining, Reconciliation And Access To Justice In Zambia: Exploring The Invisible Link, O’Brien Kaaba, Tony Zhou

Zambia Social Science Journal

This article looks at the criminal justice system in Zambia in relation to efficiency and plea bargaining. Using publicly available data, it demonstrates that the institutions under the criminal justice sector are struggling to cope with heavy caseloads. The majority of cases in this context are disposed of through plea bargaining, thereby avoiding full trial. Only a few proceed to full trial. In this respect, it can be seen that plea bargaining serves two ends: it enables deserving cases to have space for trial and it allows the rest of the cases to be disposed of efficiently, without resort to …