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Articles 1 - 23 of 23
Full-Text Articles in Law
The Criminal Defence Lawyer's Role, David Layton
The Criminal Defence Lawyer's Role, David Layton
Dalhousie Law Journal
Defence lawyers often fight to prevent the conviction of people who have committed serious crimes. How can this role be justified? In providing his answer the author generally accepts the traditional view of criminal lawyering according to which defence counsel "does good" by ensuring that the state does not obtain a conviction in the absence of proof beyond a reasonable doubt based on admissible and reliable evidence Ethical advocacy in the criminal context is thus heavily influenced by a conception of justice that includes not only the search for truth but also due process rights for accused persons. The author …
I Do' Kiss And Tell: The Subversive Potential Of Non-Normative Socialsexual Expression From Within Cultural Paradigms, Elaine Craig
I Do' Kiss And Tell: The Subversive Potential Of Non-Normative Socialsexual Expression From Within Cultural Paradigms, Elaine Craig
Dalhousie Law Journal
Using a comparative analysis of the equality movements of sexual minorities in Canada and India the author identifies a symbiosis between the subversive benefits of a deconstructionist approach to equality and the practical achievements to be gained by a rights-based model of social justice. The analysis is conducted through an examination of the role that the expression of same-sex desire plays in the legal and social positions of sexual minorities in Canada and India The author argues that the acquisition of rights can provide sexual minorities with greater access to dominant cultural rituals and that such access provides opportunities to …
Justice Advanced: Comments On William Nelson’S Brown V. Board Of Education And The Jurisprudence Of Legal Realism, Robert J. Cottrol
Justice Advanced: Comments On William Nelson’S Brown V. Board Of Education And The Jurisprudence Of Legal Realism, Robert J. Cottrol
Saint Louis University Law Journal
No abstract provided.
The Missouri Battered Women’S Clemency Coalition: A Collaborative Effort In Justice For Eleven Missouri Women, Bridget B. Romero, Jennifer Collins, Carrie Johnson, Jennifer Merrigan, Lynne Perkins, Judith Sznyter, Lisa Dale May
The Missouri Battered Women’S Clemency Coalition: A Collaborative Effort In Justice For Eleven Missouri Women, Bridget B. Romero, Jennifer Collins, Carrie Johnson, Jennifer Merrigan, Lynne Perkins, Judith Sznyter, Lisa Dale May
Saint Louis University Public Law Review
No abstract provided.
Preventing Genocide: The Role Of The United Nations, Stanislas Kamanzi
Preventing Genocide: The Role Of The United Nations, Stanislas Kamanzi
ILSA Journal of International & Comparative Law
I would like to start with a self explanatory and worthwhile quote from His Late Majesty Haile Selassie which reads as follows: "Throughout History it has been the inaction of those who could have acted, the indifference of those who should have known better, the silence of the voice of justice when it mattered most, that has made it possible for evil to triumph."
The Developing Framework Of The Csme: Two Legal Issues Considered, Ezra Alleyne
The Developing Framework Of The Csme: Two Legal Issues Considered, Ezra Alleyne
ILSA Journal of International & Comparative Law
The Caribbean Single Market and Economy (CMSE) is a work in progress.
Law, Human Rights, Realism And The “War On Terror”, J. Peter Pham
Law, Human Rights, Realism And The “War On Terror”, J. Peter Pham
Human Rights & Human Welfare
A review of:
The Lesser Evil: Political Ethics in an Age of Terror by Michael Ignatieff. Princeton: Princeton University Press, 2004. 212pp.
Brennan Center For Justice Symposium Introduction: Diversity, Impartiality, And Representation On The Bench, Kele Williams
Brennan Center For Justice Symposium Introduction: Diversity, Impartiality, And Representation On The Bench, Kele Williams
Michigan Journal of Race and Law
As is evident from these articles, the question of judicial diversity is far more complex and nuanced than the current debate suggests. Many unanswered questions remain. The scholars in this issue and the others who presented their work at our convening have begun to reframe the debate and identify the hardest questions. We hope that this symposium issue will provoke further thought and provide a context for additional scholarship that will help us to answer those questions.
Access To Justice: Some Comments, Lawrence M. Friedman
Access To Justice: Some Comments, Lawrence M. Friedman
Fordham Law Review
No abstract provided.
Access And Justice: The Transformative Potential Of Pro Bono Work , Martha F. Davis
Access And Justice: The Transformative Potential Of Pro Bono Work , Martha F. Davis
Fordham Law Review
No abstract provided.
Shout From Taller Rooftops: A Response To Deborah L. Rhode's Access To Justice, Steven H. Hobbs
Shout From Taller Rooftops: A Response To Deborah L. Rhode's Access To Justice, Steven H. Hobbs
Fordham Law Review
No abstract provided.
Gideon's Paradox, Lawrence C. Marshall
Redressing Inequality In The Market For Justice: Why Access To Lawyers Will Never Solve The Problem And Why Rethinking The Role Of Judges Will Help, Russell G. Pearce
Redressing Inequality In The Market For Justice: Why Access To Lawyers Will Never Solve The Problem And Why Rethinking The Role Of Judges Will Help, Russell G. Pearce
Fordham Law Review
No abstract provided.
The Luxury Of The Law: The Codification Movement And The Right To Counsel, Norman W. Spaulding
The Luxury Of The Law: The Codification Movement And The Right To Counsel, Norman W. Spaulding
Fordham Law Review
No abstract provided.
Teaching And Doing: The Role Of Law School Clinics In Enhancing Access To Justice, Stephen Wizner, Jane Aiken
Teaching And Doing: The Role Of Law School Clinics In Enhancing Access To Justice, Stephen Wizner, Jane Aiken
Fordham Law Review
No abstract provided.
Access To Justice: Again, Still, Deborah L. Rhode
Access To Justice: Again, Still, Deborah L. Rhode
Fordham Law Review
No abstract provided.
Law And Justice In Caesar's Gallic Wars, Russ Versteeg
Law And Justice In Caesar's Gallic Wars, Russ Versteeg
Hofstra Law Review
No abstract provided.
Defense-Oriented Judges, Abbe Smith
The Political Economy Of Rule Of Law Reform In Developing Countries, Ronald J. Daniels, Michael Trebilcock
The Political Economy Of Rule Of Law Reform In Developing Countries, Ronald J. Daniels, Michael Trebilcock
Michigan Journal of International Law
In this paper, the authors briefly review the recent experience with rule of law reform initiatives in Latin America, Africa, and Central and Eastern Europe, drawing on more detailed case studies by the authors. The authors are currently working on a similar case study on rule of law reform experiences in Asia.
Aboilishing The Texas Jury Shuffle., Michael M. Gallgher
Aboilishing The Texas Jury Shuffle., Michael M. Gallgher
St. Mary's Law Journal
This Article argues that the Texas Legislature should abolish the jury shuffle and join the other forty-nine states who have already done so. The jury shuffle, when requested, is a procedure which results in a random shuffling of the names of the jury pool members. Texas attorneys currently possess an entirely cost and risk free procedure through which they can discriminate against potential jurors on the basis of race, gender, ethnicity, or anything else that suits their fancy. An attorney can request a jury shuffle without stating a reason and a judge cannot ask why a shuffle was requested or …
Legal Malpractice: When The Legal System Turns On The Lawyer Third Annual Symposium On Legal Malpractice & Professional Responsibility: Essay., Jennifer Knauth
Legal Malpractice: When The Legal System Turns On The Lawyer Third Annual Symposium On Legal Malpractice & Professional Responsibility: Essay., Jennifer Knauth
St. Mary's Law Journal
What happens when a lawyer becomes a defendant in a legal malpractice case? Much has been written about the shortcomings of the adversary system as measured against its theoretical goals and assumptions. One significant assumption underlying the adversary system is that there is an equal playing field among litigants. The reality of a legal malpractice case is at odds with this ideal. The prevailing cultural bias against lawyers as gatekeepers and beneficiaries of the legal system permeates every aspect of a legal malpractice case. One effect of this cultural bias is the lawyer-defendant's very personal and disproportionate experience with the …
The Law And Politics Of Tort Reform, Center For Democratic Culture At Unlv
The Law And Politics Of Tort Reform, Center For Democratic Culture At Unlv
Nevada Law Journal
No abstract provided.
Every Day Is A Good Day For A Judge To Lay Down His Professional Life For Justice , Jack B. Weinstein
Every Day Is A Good Day For A Judge To Lay Down His Professional Life For Justice , Jack B. Weinstein
Fordham Urban Law Journal
This article discusses the notion that a judge’s obligation to obey precedent should, if circumstances require, be overridden in an effort to oppose gross injustices and violations. Even in the face of critisicim and outrage, judges, because of their intimate knowledge of the system and unique vantage point, have a duty to speak out against any law that they find morally repugnant and to expose injustices wherever they can. The article analyses the various actions that judges may take to avoid enforcing laws that they believe to be fundamentally unjust, including the option of resignation and the power of lower …