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Burdine V. Johnson -- To Sleep, Perchance To Get A New Trial: Presumed Prejudice Arising From Sleeping Counsel, James M. Donovan
Burdine V. Johnson -- To Sleep, Perchance To Get A New Trial: Presumed Prejudice Arising From Sleeping Counsel, James M. Donovan
James M. Donovan
Few images slice as deeply into our self-image as a fair society than that of a defendant on trial for his very life depending upon the services of an attorney who naps throughout the proceedings. Although this scenario is not new, the courts have yet to resolve definitively how they should respond to a defendant burdened with snoozing counsel. This note discusses the outcome of the latest attempt. UPDATE: While a conscious lawyer is presumably a requirement of due process, some jurisdictions make no similar demand that judges remain awake: see http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2007/273.html
Baby Steps Or One Fell Swoop?: The Incremental Extension Of Rights Is Not A Defensible Strategy, James M. Donovan
Baby Steps Or One Fell Swoop?: The Incremental Extension Of Rights Is Not A Defensible Strategy, James M. Donovan
James M. Donovan
The problem of incrementalism emerges from the common practice of limiting certain rights only to groups on certified lists. Section I reviews this problem of the list, and how the failure of lists to include gay men and lesbians profoundly impacts their daily lives. Possible strategic responses to this problem (such as doing nothing, interpreting the current list to include us, eliminating the list altogether, or expanding the list to include us explicitly) are considered in Section II, concluding by focusing on a special kind of gradualism, list incrementalism. List incrementalism occurs when a right is extended to new groups …