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Full-Text Articles in Law
The Bar In America: The Role Of Elitism In A Liberal Democracy, Philip S. Stamatakos
The Bar In America: The Role Of Elitism In A Liberal Democracy, Philip S. Stamatakos
University of Michigan Journal of Law Reform
Part I of this Note argues that liberal democracy, the free market, and science have contributed to the increasing atomization of American society. When each person and her views are glorified, universal standards of good become undermined, values become relative, and a sense of community becomes evanescent. Part II argues that individualism is incapable of accounting for the commonweal and therefore is inherently amoral because morality is concerned largely with determining when an individual's will should be subservient to the will of others. Part III considers the nature of elitism and equality and attributes the demise of elitist institutions in …
Forcing Attorneys To Represent Indigent Civil Litigants: The Problems And Some Proposals, Greg Stevens
Forcing Attorneys To Represent Indigent Civil Litigants: The Problems And Some Proposals, Greg Stevens
University of Michigan Journal of Law Reform
This Note argues that uncompensated court appointments represent an unsatisfactory means to provide counsel for indigents. Part I discusses the policy arguments for and against forced, uncompensated court appointments. Part I concludes that the arguments against these appointments outweigh the arguments in favor of them. Part II argues that they violate the Constitution's prohibitions against uncompensated takings and involuntary servitude. Part III offers a proposal that would provide effective representation for indigent civil litigants, while avoiding infringement of attorneys' constitutional rights.