Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Appointed counsel (1)
- Book reviews (1)
- Caseloads (1)
- Clerkships (1)
- Convictions (1)
-
- Criminal justice (1)
- Defendants (1)
- Demographics (1)
- Influence (1)
- Innocence (1)
- Law clerks (1)
- Law reform (1)
- Lawyers (1)
- Low income individuals (1)
- Norms (1)
- Pepper (Todd) (1)
- Poverty (1)
- Principal-agent theory (1)
- Public defenders (1)
- Responsibilities (1)
- Right to effective counsel (1)
- Roles (1)
- Sixth Amendment (1)
- Trials (1)
- United States Supreme Court (1)
- Ward (Artemus) (1)
- Weiden (David) (1)
- Publication
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Legal Profession
The Bureaucratic Court, Benjamin C. Mizer
The Bureaucratic Court, Benjamin C. Mizer
Michigan Law Review
In August 2006, the New York Times caused a stir by reporting that the number of female law clerks at the United States Supreme Court has fallen sharply in the first full Term in which Justice Sandra Day O'Connor is no longer on the bench. In an era in which nearly fifty percent of all law school graduates are women, the Times reported, less than twenty percent of the clerks in the Court's 2006 Term - seven of thirty-seven - are women. In interviews, Justices Souter and Breyer viewed the sharp drop in the number of female clerks as an …
Structural Reform In Criminal Defense: Relocating Ineffective Assistance Of Counsel Claims, Eve Brensike Primus
Structural Reform In Criminal Defense: Relocating Ineffective Assistance Of Counsel Claims, Eve Brensike Primus
Articles
This Article suggests a structural reform that could solve two different problems in criminal defense representation. The first problem is that the right to effective trial counsel lacks a meaningful remedy. Defendants are generally not permitted to raise ineffective assistance of counsel claims until collateral review. Given that collateral review typically occurs years after trial, most convicted defendants have completed their sentences by that time and therefore have little incentive to pursue ineffectiveness claims. Moreover, there is no right to counsel on collateral review, and it is unrealistic to expect defendants to navigate the complicated terrain of an ineffectiveness claim …