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Full-Text Articles in Law
Menstrual Dignity And The Bar Exam, Margaret E. Johnson, Marcy L. Karin, Elizabeth Cooper
Menstrual Dignity And The Bar Exam, Margaret E. Johnson, Marcy L. Karin, Elizabeth Cooper
All Faculty Scholarship
This Article examines the issue of menstruation and the administration of the bar exam. Although such problems are not new, over the summer and fall of 2020, test takers and commentators took to social media to critique state board of law examiners’ (“BOLE”) policies regarding menstruation. These problems persist. Menstruators worry that if they unexpectedly bleed during the exam, they may not have access to appropriately sized and constructed menstrual products or may be prohibited from accessing the bathroom. Personal products that are permitted often must be carried in a clear, plastic bag. Some express privacy concerns that the see-through …
What Gideon Did, Sara Mayeux
What Gideon Did, Sara Mayeux
All Faculty Scholarship
Many accounts of Gideon v. Wainwright’s legacy focus on what Gideon did not do—its doctrinal and practical limits. For constitutional theorists, Gideon imposed a preexisting national consensus upon a few “outlier” states, and therefore did not represent a dramatic doctrinal shift. For criminal procedure scholars, advocates, and journalists, Gideon has failed, in practice, to guarantee meaningful legal help for poor people charged with crimes.
Drawing on original historical research, this Article instead chronicles what Gideon did—the doctrinal and institutional changes it inspired between 1963 and the early 1970s. Gideon shifted the legal profession’s policy consensus on indigent defense away from …
Trending @ Rwu Law: Mikela Almeida's Post: Esther Clark Competition Held In R. I. Supreme Court, Mikela Almeida
Trending @ Rwu Law: Mikela Almeida's Post: Esther Clark Competition Held In R. I. Supreme Court, Mikela Almeida
Law School Blogs
No abstract provided.
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 …
What Happened In Iowa?, David Pozen
What Happened In Iowa?, David Pozen
Faculty Scholarship
Reply to Nicole Mansker & Neal Devins, Do Judicial Elections Facilitate Popular Constitutionalism; Can They?, 111 Colum. L. Rev. Sidebar 27 (2011).
November 2, 2010 is the latest milestone in the evolution of state judicial elections from sleepy, sterile affairs into meaningful political contests. Following an aggressive ouster campaign, voters in Iowa removed three supreme court justices, including the chief justice, who had joined an opinion finding a right to same-sex marriage under the state constitution. Supporters of the campaign rallied around the mantra, “It’s we the people, not we the courts.” Voter turnout surged to unprecedented levels; the national …
Reining In The Supreme Court: Are Term Limits The Answer?, Arthur D. Hellman
Reining In The Supreme Court: Are Term Limits The Answer?, Arthur D. Hellman
Book Chapters
Once again, life tenure for Supreme Court Justices is under attack. The most prominent proposal for reform is to adopt a system of staggered non-renewable terms of 18 years, designed so that each President would have the opportunity to fill two vacancies during a four-year term. This book chapter, based on a presentation at a conference at Duke Law School, addresses the criticisms of life tenure and analyzes the likely consequences of moving to a system of 18-year staggered terms for Supreme Court Justices.
One of the main arguments for term limits is, in essence, that the Supreme Court should …
The Remarkable Career Of Joe Grano, Robert A. Sedler
The Remarkable Career Of Joe Grano, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
A Holistic Approach To Criminal Justice Scholarship, William T. Pizzi
A Holistic Approach To Criminal Justice Scholarship, William T. Pizzi
Publications
No abstract provided.
Court-Appointed Attorneys: Old Problems And New Solutions, H. Patrick Furman
Court-Appointed Attorneys: Old Problems And New Solutions, H. Patrick Furman
Publications
No abstract provided.
A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel
A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel
Publications
No abstract provided.
The Right To Counsel Under Attack, David Rudovsky
The Right To Counsel Under Attack, David Rudovsky
All Faculty Scholarship
No abstract provided.