Digital Commons Network^™

Giving A Voice To The Voiceless: Enhancing Youth Participation In Court Proceedings, Miriam Aroni Krinsky, Jennifer Rodriquez

Nevada Law Journal

No abstract provided.

An Advocate's Response To Professor Sage, Toby S. Edelman

Journal of Health Care Law and Policy

No abstract provided.

Convicting The Innocent: Aberration Or Systemic Problem?, Rodney J. Uphoff

Faculty Publications

In practice, the right to adequate defense counsel in the United States is disturbingly unequal. Only some American criminal defendants actually receive the effective assistance of counsel. Although some indigent defendants are afforded zealous, effective representation, many indigent defendants and almost all of the working poor are not. The quality of representation a defendant receives generally is a product of fortuity, of economic status, and of the jurisdiction in which he or she is charged. For many defendants, the assistance of counsel means little more than counsel's help in facilitating a guilty plea. With luck, money, and location primarily determining …

Access To Justice And The Evolution Of Class Action Litigation In Australia, Camille Cameron, Bernard Murphy

Articles, Book Chapters, & Popular Press

The federal and Victorian class action regimes are intended to facilitate aggregation of multiple claims. Aggregation can improve efficiency by combining similar claims and can enhance access to justice by providing a mechanism to litigate small claims. This article considers whether these efficiency and access aims are being achieved. The authors argue that whilst some developments in class action jurisprudence have been consistent with these legislative aims, other have not. Several features of Australian class action jurisprudence and practice have hampered the healthy development of the legislative regimes, including adverse costs orders, unclear threshold requirements, evasive posturing and unresolved class …

Civil Gideon As A Human Right: Is The U.S. Going To Join Step With The Rest Of The Developed World?, Raven Lidman

Faculty Articles

This article will discuss the scope of services and rationale for the right to a free lawyer in civil matters as is the case in criminal cases. This right is currently provided in the 49 European member countries in the Council of Europe (COE), Australia, Canada, India, New Zealand, Hong Kong, Japan, Zambia, South Africa, and Brazil. Frequent reference will be made to a chart in the appendix, which condenses extensive information about programs in each of these countries. The article’s general conclusion regarding the foreign programs is that the right to a free lawyer in civil matters is a …

The Liberal Legacy Of Bush V. Gore, David Cole

Georgetown Law Faculty Publications and Other Works

This article examines the last ten years of the Rehnquist Court, which was divided evenly by the Court's highly controversial intervention in the 2000 presidential election, Bush v. Gore. I compare the Court's record before and after that decision both qualitatively and quantitatively, and argue that the Court shifted noticeably to the left, particularly in high-profile cases, after Bush v. Gore, as conservative Justices showed a greater willingness to side with their liberal colleagues to reach liberal results. I hypothesize that this may have reflected an effort, conscious or subconscious, to restore the Court's legitimacy by counteracting images of a …

Protecting The Rights Of Litigants With Diminished Capacity In The New York City Housing Courts, Jeanette Zelhof, Andrew Goldberg, Hina Shamsi

Cardozo Public Law, Policy & Ethics Journal

The article addresses the challenges faced by individuals with mental illnesses or age-related infirmities in navigating the New York Housing Court system. It highlights the need for improved protections, including ADA accommodations and the right to counsel, to ensure equal access and fair proceedings for these vulnerable litigants.

The Story Of Upjohn Co. V. United States: One Man's Journey To Extend Lawyer-Client Confidentiality, And The Social Forces That Affected It, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The attorney-client privilege protects information a client provides an attorney in confidence for the purpose of securing legal advice. But suppose the client is not a person but a corporation and can only speak through its agents and employees. What then are the contours of the privilege? If the corporation's attorney asks an employee for information relating to pending litigation or other legal matters, is the conversation privileged? Some courts said that no communications to a corporate attorney were privileged unless they came from members of the corporate control group, loosely those people who had authority to direct the attorney's …

What's The Hold-Up? Making The Case For Lifetime Orders Of Protection In New York State, Jennifer Rios

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the implementation of lifetime or extended orders of protection in New York State to better safeguard domestic violence victims. It highlights the limitations of the current legal framework, which requires victims to repeatedly seek renewals of protective orders, and argues that longer or indefinite orders would reduce trauma and enhance safety. The analysis draws on comparative examples from states like New Jersey and California to support its proposal for stronger legal measures.

A Tragedy Of The Common: The Common Interest Rule, Its Common Misuses, And An Uncommon Solution, Nicole Garsombke

Georgia Law Review

Almost every state allows some form of the common interest rule, which protects communications and documents exchanged between attorney, client, and certain third parties from waiver of the attorney-client privilege. This Note is a critique of two important exceptions to privilege waiver, the common interest and coclient rules, and discusses the rationales and justifications for the exceptions, scenarios to which the exceptions apply, and other confusing elements of courts' applications and interpretations.An examination of the common interest and coclient rules in Georgia is provided to give a particular case study of the development and use of these two exceptions. Finally, …

Avoiding Missteps In The Supreme Court: A Guide To Resources For Counsel, Charles A. Rothfeld

The Journal of Appellate Practice and Process

No abstract provided.

The Functional Representation Of The Individual's Interests Before The Ec Courts: The Evolution Of The Remedies System And The Pluralistic Deficit In The Ec, Luigi Mmalferrari

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.

Long-Term Solutions For Children In The Child Welfare System: Families For Teens, Alexandra Lowe

Cardozo Public Law, Policy & Ethics Journal

The article advocates for the Families for Teens Initiative, which focuses on engaging teenagers in the foster care system to identify and connect with family resources that are often overlooked. The initiative aims to prevent poor outcomes such as homelessness and incarceration by emphasizing the importance of maintaining family connections and providing normal developmental opportunities for teens.

The Judicial Nominations Wars, William P. Marshall

University of Richmond Law Review

No abstract provided.

Access To Justice For A New Century: The Way Forward, Julia H. Bass, W. A. Bogart, Frederick H. Zemans

Books

This book is a timely addition to the literature on access to justice. The book's essays address all aspects of the topic, including differing views on the meaning of access to justice; ways to improve access to legal services; litigation and its role in achieving social justice; and the roles of lawyers, citizens, and legal insitutions.

Access to Justice for a New Century is based on papers given at an international symposium presented by the Law Society of Upper Canada, sponsored by the Law Foundation of Ontario.

Constitutional Accommodation And The Rule(S) Of Courts, Lorne Sossin

Articles & Book Chapters

Constitutional authority for the development and implementation of the rules of court lies with both the legislature, by its statutory power, and the judiciary, by the constitutional principles of judicial independence. The court rules in question here are those that govern court accessibility as well as the roles and responsibilities of parties in civil litigation. The three existing models of rule-making are court-led, where a majority of government officials, and collaborative, which lacks an evident majority of either. These rule-making bodies do not control court fees, the executive does, but in a system with any model, the judiciary always has …

Public Availability Or Practical Obscurity: The Debate Over Public Access To Court Records On The Internet, Arminda Bradford Bepko

NYLS Law Review

No abstract provided.

Improving The Appellate Process Worldwide Through Maximizing Judicial Resources, Honorable J. Clifford Wallace

Vanderbilt Journal of Transnational Law

As the number of cases filed each year has surged, U.S. federal appellate courts have evolved in order to fulfill their core functions of deciding appeals and setting guiding precedent. Many of the challenges created by overwhelming caseloads are also being tackled in foreign judicial systems. In this Article, Judge Wallace offers the approach of the United States Court of Appeals for the Ninth Circuit as a possible model of reform, although he also points out that each judiciary will need to tailor reform efforts to its particular circumstances. In Part II, Judge Wallace details several of the case management …

Representing Children In Families, Bruce A. Green, Annette R. Appell

Faculty Scholarship

No abstract provided.

Procedural Due Process Aspects Of District Of Columbia Eviction Procedures, Lynn E. Cunningham

ExpressO

The District of Columbia Superior Court, Landlord and Tenant Branch, administers the local Forcible Entry and Detainer statute in a manner that arguably violates standards of adequate notice under the Due Process Clause.

Ineffective Assistance Of Counsel In Parental-Rights Termination Cases: The Challenge For Appellate Courts, Susan Calkins

The Journal of Appellate Practice and Process

No abstract provided.

Minnesota's Pro Bono Appellate Program: A Simple Approach That Achieves Important Objectives, Thomas H. Boyd

The Journal of Appellate Practice and Process

No abstract provided.

A State's Power To Enter Into A Consent Decree That Violates State Law Provisions: What "Findings" Of A Federal Violation Are Sufficient To Justify A Consent Decree That Trumps State Law?, David W. Swift

ExpressO

In the last forty years federal courts have played a prominent role in reshaping our public institutions. And while some scholars question the efficacy of these structural injuctions, the authority of federal courts to order such relief is generally unquestioned. What is open to debate, however, is whether state officials can agree to a remedy they would not have had the authority to order themselves; and if so, to what extent must an underlying constitutional violation be proved so as to justify the remedy?

This article discusses the competing theories and concludes that a remedy that violates state law may …

The Majoritarian Rehnquist Court?, Neal Devins

Faculty Publications

No abstract provided.

State Civil Procedure Plea, William R. Slomanson

Journal of Legal Education

No abstract provided.

The United Kingdom, Jeremy Barnett

William & Mary Bill of Rights Journal

No abstract provided.

The Confluence Of Law And Policy In Leveraging Technology: Singapore Judiciary's Experience, Richard Magnus

William & Mary Bill of Rights Journal

No abstract provided.

Videoconferencing: Learning Through Screens, Nancy Gertner

William & Mary Bill of Rights Journal

No abstract provided.

Two Roads Diverged: A Tale Of Technology And Alternative Dispute Resolution, Amy S. Moeves, Scott C. Moeves

William & Mary Bill of Rights Journal

No abstract provided.

Legal, Practical And Ethical Implications Of The Use Of Technology In European Courtrooms, Iria Giuffrida

William & Mary Bill of Rights Journal

No abstract provided.