Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Criminal procedure (3)
- Civil Procedure (2)
- Plea bargaining (2)
- Resource constraints (2)
- Access to civil legal services (1)
-
- Accountability (1)
- Adversarial and inquisitorial models (1)
- Alexandra Natapoff (1)
- Alternative dispute resolution (1)
- Appointed counsel (1)
- Baltimore (1)
- Biography (1)
- Charitable endeavors (1)
- Checklists (1)
- Chief Judge Robert Mack Bell (1)
- Comparative (1)
- Constitutional law (1)
- Contingency fee (1)
- Cost of legal services (1)
- Criminal charging decisions (1)
- Delivery of legal services (1)
- Evidence-based medicine (1)
- Ex ante impact of Lafler v. Cooper and Missouri v. Frye (1)
- Ex post review by judges (1)
- Federal Courts (1)
- Foreign law (1)
- Gideon v. Wainwright (1)
- Indigent (1)
- Ineffective assistance of counsel (1)
- Judicial role (1)
Articles 1 - 9 of 9
Full-Text Articles in Law
Introduction, Justice, Lawyering And Legal Education In The Digital Age (Symposium Editor With M. Lauritsen), Ronald W. Staudt
Introduction, Justice, Lawyering And Legal Education In The Digital Age (Symposium Editor With M. Lauritsen), Ronald W. Staudt
All Faculty Scholarship
No abstract provided.
The Duties Of Non-Judicial Actors In Ensuring Competent Negotiation, Stephanos Bibas
The Duties Of Non-Judicial Actors In Ensuring Competent Negotiation, Stephanos Bibas
All Faculty Scholarship
This essay, written for a symposium at Duquesne Law School entitled Plea Bargaining After Lafler and Frye, offers thoughts on how lawyers could learn from doctors’ experience in catching and preventing medical errors and aviation experts’ learning from airplane crashes and near misses. It also expresses skepticism about the efficacy of judges’ ex post review of ineffective assistance of counsel, but holds out more hope that public-defender organizations, bar associations, probation officers, sentencing judges, sentencing commissions, and line and supervisory prosecutors can do much more to prevent misunderstanding and remedy ineffective bargaining advice in the first place.
Shrinking Gideon And Expanding Alternatives To Lawyers, Stephanos Bibas
Shrinking Gideon And Expanding Alternatives To Lawyers, Stephanos Bibas
All Faculty Scholarship
This essay, written as part of a symposium at Washington and Lee Law School entitled Gideon at 50: Reassessing the Right to Counsel, argues that the standard academic dream of expanding the right to counsel to all criminal and major civil cases has proven to be an unattainable mirage. We have been spreading resources too thin, in the process slighting the core cases such as capital and other serious felonies that are the most complex and need the most time and money. Moreover, our legal system is overengineered, making the law too complex and legal services too expensive for …
Bulk Misdemeanor Justice, Stephanos Bibas
Bulk Misdemeanor Justice, Stephanos Bibas
All Faculty Scholarship
This short essay responds to Alexandra Natapoff’s article Misdemeanors, which shines a much-needed spotlight on the mass production of criminal justice and injustice in millions of low-level cases. The prime culprit in Natapoff’s story is the hidden, informal discretion that police officers enjoy to arrest, charge, and effect convictions, abetted by prosecutors’ and judges’ abdication and defense counsel’s absence or impotence. The roots of the problem she identifies, I argue, go all the way down to the system’s professionalization and mechanization. Given the magnitude of the problem, Natapoff’s solutions are surprisingly half-hearted, masking the deeper structural problems that demand …
Helping Your Client Create And Grow A Successful Nonprofit Organization: A Checklist For The ‘Non’ Nonprofit Attorney, Dana M. Malkus
Helping Your Client Create And Grow A Successful Nonprofit Organization: A Checklist For The ‘Non’ Nonprofit Attorney, Dana M. Malkus
All Faculty Scholarship
The following feature is an abridged version of “Helping Your Client Create and Grow a Successful Nonprofit Organization,” an article which appeared in volume 67 of the Journal of The Missouri Bar in October 2011. The purpose of the original article was to provide Missouri attorneys with information and tools designed to enable them to offer pro bono legal assistance to start-up and established nonprofit organizations.
The Maryland Legal Aid Bureau: Decades Of Service And Reform, José F. Anderson
The Maryland Legal Aid Bureau: Decades Of Service And Reform, José F. Anderson
All Faculty Scholarship
In a legal and judicial career that spans nearly five decades, few issues have affected retiring Chief Judge Robert Mack Bell more than access for the poor to civil justice. As a student at Harvard University in the late 1960s, he would work at the Boston Legal Aid Society. As a young lawyer at a prominent Baltimore law firm, he did community and poverty law work and impressed his colleagues as one "committed to the use of the law not only to serve his clients, but also to improve society. The zeal of Chief Judge Bell for supporting access to …
A Market For Justice: A First Empirical Look At Third Party Litigation Funding, David S. Abrams, Daniel L. Chen
A Market For Justice: A First Empirical Look At Third Party Litigation Funding, David S. Abrams, Daniel L. Chen
All Faculty Scholarship
The alienability of legal claims holds the promise of increasing access to justice and fostering development of the law. While much theoretical work points to this possibility, no empirical work has investigated the claims, largely due to the rarity of trading in legal claims in modern systems of law. In this paper we take the first step toward empirically testing some of these theoretical claims using data from Australia. We find some evidence that third-party funding corresponds to an increase in litigation and court caseloads. Cases with third-party funders are more prominent than comparable ones. While third-party funding may have …
They Were Meant For Each Other: Proffessor Edward Cooper And The Rules Enabling Act, Anthony J. Scirica, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal
They Were Meant For Each Other: Proffessor Edward Cooper And The Rules Enabling Act, Anthony J. Scirica, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal
All Faculty Scholarship
No abstract provided.
Thinking, Big And Small, Stephen B. Burbank
Thinking, Big And Small, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.