Digital Commons Network^™

A Relic Of Mccarthyism: Question 21 Of The Application For Admission To The New York Bar, Colin A. Fieman

Buffalo Law Review

No abstract provided.

Back From The Brink: Part Ii, Joel M. Gora

Touro Law Review

No abstract provided.

Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins

Faculty Publications

With a few exceptions, the Solicitor General controls all aspects of independent agency litigation before the Supreme Court. Solicitor General control of Supreme Court litigation creates a tension between independent agency freedom and the Solicitor General's authority. On the one hand, Solicitor General control provides the United States with a unitary voice before the Supreme Court, and provides the Court with a trustworthy litigator to explicate the government's position. On the other hand, such control may undermine the autonomy of independent agency decision making. In this Article, the author argues for a hybrid model of independent agency litigation in the …

Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins

Faculty Publications

No abstract provided.

Redefining The Sixth Amendment, John B. Mitchell

Faculty Articles

This article compares public defenders in lower courts with public defenders in superior courts across the country. The article concludes that lower criminal courts suffer from problems of funding and resource allocation and that these issues must be addressed before they can adequately administer justice.

Legal Developments: Ethics In Government Federal Advisory Committees, Foreign Conflicts Of Interest, The Constitution, And Dr. Franklin's Snuff Box, Gerald S. Schatz

University of the District of Columbia Law Review

No abstract provided.

The Poverty Of Academic Rhetoric, Frederick Mark Gedicks

Mercer Law Review

Erwin Chemerinsky puts forth the unlikely proposition that now is the time to develop a revitalized argument for a constitutional right to subsistence- level entitlements. While not detailing the actual content of such an argument, he outlines what he believes to be the necessary steps of the argument, leaving for another day the task of actually defining and defending those steps. In Chemerinsky's view, the argument would entail recognition that (i) [p]overty and the plight of the poor are serious social problems; (ii) the government has a responsibility to provide individuals with the essentials that are necessary for survival; (iii) …

Transcript: Conference On The 30th Anniversary Of The United States Supreme Court's Decision In Gideon V. Wainwright: Gideon And The Public Service Role Of Lawyers In Advancing Equal Justice , American University Law Review

American University Law Review

No abstract provided.

Neutral Principles And The Right To Neutral Access To The Courts, Jeffrey R. Pankratz

Indiana Law Journal

No abstract provided.

Racial Progress And Constitutional Roadblocks, Jeremy Rabkin

William & Mary Law Review

No abstract provided.

Police Implementation Of Supreme Court Of Canada Charter Decisions: An Empirical Study, Kathryn Moore

Osgoode Hall Law Journal

Little empirical research has been done on the Charter's impact on the public policy process. This paper presents the results of an empirical research study designed to fill that gap. The study examined the manner in which a municipal police force and the RCMP implemented changes to procedures following two Supreme Court of Canada Charter decisions. The paper concludes that, while steps have been taken to develop a process by which Supreme Court decisions are implemented, the process would be improved if one body were allocated responsibility for the provision of interim information to the police.

The Charter Of Rights And Public Policy In Canada, Patrick J. Monahan, Marie Finkelstein

Osgoode Hall Law Journal

Much of the literature on the Charter has focused on the manner in which the courts have interpreted the document. This essay examines the Charter from another perspective-its impact on the policy process within government. Drawing on a series of papers prepared by senior government officials at both the federal and provincial levels, the authors argue that the Charter has permanently changed the way in which governments formulate and implement public policy in Canada. Virtually all policy proposals making their way to the Cabinet table must be examined to ensure that they conform to the requirements of the Charter. This …

Constitutional Law—Indigent Defense—Arkansas Statutory Fee And Expense Limitations Unconstitutional. Arnold V. Kemp, 306 Ark. 294, 813 S.W.2d 770 (1991)., Terri Schull

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Indigent Defense—Arkansas Statutory Fee And Expense Limitations Unconstitutional. Arnold V. Kemp, 306 Ark. 294, 813 S.W.2d 770 (1991)., Terri Schull

University of Arkansas at Little Rock Law Review

No abstract provided.

Limitations On The Use Of Appropriations Riders By Congress To Effectuate Substantive Policy Changes, Jacques B. Leboeuf

UC Law Constitutional Quarterly

No abstract provided.

Who Will Litigate Constitutional Issues For The Poor, Allen Redlich

UC Law Constitutional Quarterly

No abstract provided.

On The Brink: The First Amendment In The Rehnquist Court, 1990-91 Term, Joel Gora

Faculty Scholarship

No abstract provided.

Expanding Our Vision Of Legal Services Representation– The Hermanas Unidas Project, Stacy Brustin

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Breath Of The Unfee'd Lawyer: Statutory Fee Limitations And Ineffective Assistance Of Counsel In Capital Litigation, Albert L. Vreeland Ii

Michigan Law Review

This Note argues that fee limitations deprive indigent defendants of their right to effective assistance of counsel. Part I of this Note reviews state court decisions that address Sixth Amendment challenges to fee limitations, yet fail to address the broader concerns about the appointed counsel system. Part II considers the inherent disincentives and burdens fee limitations impose on attorneys and suggests that the limits threaten the indigent accused's right to effective assistance of counsel. A comparison of the fee limitations and the time required to prepare and try a capital case reveals the gross inadequacy of statutory fee provisions. In …

The Fall And Rise Of The Criminal Contingent Fee, Peter Lushing

Articles

The article argues that the ban on contingent fees for criminal defense attorneys, established by the American Bar Association in 1969, is outdated and should be repealed. It contends that the ban is rooted in historical prejudice and unfounded concerns about conflicts of interest, rather than empirical evidence. The author suggests that the Supreme Court's 1989 decision implicitly approving contingent fees in certain criminal cases presents an opportunity to reconsider this prohibition. Repealing the ban could benefit middle-class defendants and allow for regulation and data collection to address potential issues.

The Tax Court, Article Iii, And The Proposal Advanced By The Federal Courts Study Committee: A Study In Applied Constitutional Theory, Deborah A. Geier

Law Faculty Articles and Essays

Spurred by the report issued by the Federal Courts Study Committee, this article explores the constitutionality of the Tax Court as an Article I court.

A Comparison Of A Mentally Ill Individual's Right To Refuse Medication Under The United States And The New York State Constitutions, William M. Brooks

Touro Law Review

No abstract provided.

Indigents And The Denial Of Due Process At Involuntary Treatment Hearings: The Need For Independent Psychiatric Assistance, Marcy H. Speiser

Touro Law Review

No abstract provided.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

MEDICAL MALPRACTICE ABROAD BY UNITED STATES PHYSICIAN IN CONNECTION WITH DEPARTMENT OF STATE REGULATIONS GOVERNING TORT CLAIMS PROVIDED FOR AN INVESTIGATIVE PROCEDURE FOLLOWED BY AGENCY DECISION--AGENCY FOR INTERNATIONAL DEVELOPMENT HOLDS NO CONSTITUTIONAL OBLIGATIONS TO EVALUATE MEDICAL MALPRACTICE CLAIM ON THE MERITS AND IN ACCORD WITH MINIMAL DUE PROCESS. Tarpeh-Doe v. United States, 904 F.2d719 (D.C. Cir. 1990).

THE FOREIGN CORRUPT PRACTICES ACT DOES NOT CREATE AN IMPLIED PRIVATE RIGHT OF ACTION THAT KENTUCKY TOBACCO GROWERS COULD USE TO RECOVER DAMAGES FROM COMPANIES THAT ALLEGEDLY ENGAGED IN CORRUPT PRACTICES TO THE DETRIMENT OF GROWERS. THE ACT OF STATE DOCTRINE, HOWEVER, DOES …

The Public School: Beyond The Fringes Of Public Forum Analysis, Brian S. Black

Villanova Law Review (1956 - )

No abstract provided.

The Constitutionality Of High-Speed Pursuits Under The Fourth And Fourteenth Amendments, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

Some Queries About Privacy And Constitutional Rights, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.

Constitutional Law—Writ Of Execution Statutes Held Unconstitutional—Has The Due Process Notice Requirement Left Creditors Out In The Cold? Duhon V. Gravett, 302 Ark. 358, 790 S.W.2d 155 (1990)., Allen L. Warmath

University of Arkansas at Little Rock Law Review

No abstract provided.

Gideon V. Wainwright Revisited: What Does The Right To Counsel Guarantee Today? Foreword, Michael B. Mushlin

Pace Law Review

No abstract provided.

Caplin & (And) Drysdale, Chartered V. United States And United States V. Monsanto:" The War On Drugs" Gets A New Recruit, Kathleen A. Ravotti

Loyola University Chicago Law Journal

No abstract provided.