Law Commons^™

Officiating Removal, Leah Litman

Articles

For the last several years, the Commonwealth of Pennsylvania has quietly attempted to curtail capital defendants' representation in state postconviction proceedings. In 2011, various justices on the Pennsylvania Supreme Court began to call for federally funded community defender organizations to stop representing capital defendants in state postconviction proceedings. The justices argued, among other things, that the organizations' representation of capital defendants constituted impermissible federal interference with state governmental processes and burdened state judicial resources. The court also alleged the community defender organizations were in violation of federal statutes, which only authorized the organizations to assist state prisoners in federal, but …

Public Defenders And Appointed Counsel In Criminal Appeals: The Iowa Experience, Tyler J. Buller

The Journal of Appellate Practice and Process

No abstract provided.

The Public Defender Crisis In America: Gideon, The War On Drugs And The Fight For Equality, William Lawrence

University of Miami Race & Social Justice Law Review

The role of the public defender in the United States is one that is often disparaged and widely misunderstood. This note will first attempt to illuminate the evolution of the public defender movement in the United States, detailing its rather quiet ascent to the forefront of the criminal justice system: from the early work of Clara Foltz, to the trial of Clarence Earl Gideon, and beyond. The note will also broach just a few of the many systemic issues faced by the modern day public defender, including the unfortunate perception of inferiority from both the general public and indigent defendants …

Developing Environmental Law For All Citizens, Patricia W. Moore, Eliana S. Pereira, Gillian Duggin

Faculty Articles

On 20 May 2002, Timor-Leste became a country. Its Constitution, which came into force on 20 May 2002, is based on civil law, with many similarities to Portugal's legal system. The Constitution also laid the foundation for environmental law, which the government has been developing ever since. This overview of the development of environmental law in Timor-Leste describes the constitutional provisions that are the source of environmental law in the country; presents the policy basis for environmental law; reviews the legal instruments governing the environment that the government has adopted since 2002; introduces draft laws under consideration at the end …

Gideon's Servants And The Criminalization Of Poverty, Alexandra Natapoff

Alexandra Natapoff