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Articles 1 - 5 of 5
Full-Text Articles in Law
Unintended Consequences: The Impact Of The Court's Recent Cases On Structural Ineffective Assistance Of Counsel Claims, Lauren D. Sudeall
Unintended Consequences: The Impact Of The Court's Recent Cases On Structural Ineffective Assistance Of Counsel Claims, Lauren D. Sudeall
Vanderbilt Law School Faculty Publications
Advocates seeking indigent defense reform have often relied on civil litigation to prospectively enforce the Sixth Amendment right to counsel and to attack structural deficiencies of indigent defense systems-such as under- funding-that are likely to lead to system-wide ineffective assistance. Although the United States Supreme Court has addressed myriad aspects of postconviction ineffective assistance of counsel claims made in the criminal context, particularly in the last decade or so,' many of these cases have had little direct bearing on the way in which advocates have attempted to enforce the Sixth Amendment in the civil context. The Supreme Court has never …
Thoughts On Misjudging Misjudging, Stephen Subrin
Thoughts On Misjudging Misjudging, Stephen Subrin
Stephen N. Subrin
No abstract provided.
Thoughts On Misjudging Misjudging, Stephen Subrin
Thoughts On Misjudging Misjudging, Stephen Subrin
Stephen N. Subrin
No abstract provided.
Taking The English Right To Counsel Seriously In American Civil Gideon Litigation, Scott F. Llewellyn, Brian Hawkins
Taking The English Right To Counsel Seriously In American Civil Gideon Litigation, Scott F. Llewellyn, Brian Hawkins
University of Michigan Journal of Law Reform
Courts have rejected a right to counsel for indigent civil litigants under the U.S. Constitution. But in some American states, that right arguably already exists as a matter of common law, albeit derived from centuries-old English common and statutory law. This Article analyzes the viability of arguments for incorporating the old English right to counsel in the twenty-seven American states that continue to recognize old English common and statutory law as a source of binding authority. Such "originalist" arguments may be appealing to judges who are more willing to revive a historically based right than establish a new right based …
Information Lost And Found, Frederic M. Bloom
Information Lost And Found, Frederic M. Bloom
Publications
At the core of every lawsuit is a mix of information-revealing documents that chronicle a party's malfeasance, guarded memos that outline a lawyer's trial strategy, fading memories that recall a jury's key mistakes. Yet the law's system for managing that information is still poorly understood. This Article makes new and better sense of that system. It begins with an original examination of five pieces of our civil information architecture--evidence tampering rules, automatic disclosure requirements, work product doctrine, peremptory challenge law, and bans on juror testimony--and compiles a novel study of how those doctrines intersect and overlap. It then fits these …