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Deliberative Constitutionalism In The National Security Setting, Mary B. Derosa, Milton C. Regan
Deliberative Constitutionalism In The National Security Setting, Mary B. Derosa, Milton C. Regan
Georgetown Law Faculty Publications and Other Works
Deliberative democracy theory maintains that authentic deliberation about matters of public concern is an essential condition for the legitimacy of political decisions. Such deliberation has two features. The first is deliberative rigor. This is deliberation guided by public-regarding reasons in a process in which persons are genuinely open to the force of the better argument. The second is transparency. This requires that requires that officials publicly explain the reasons for their decisions in terms that citizens can endorse as acceptable grounds for acting in the name of the political community.
Such requirements would seem to be especially important in the …
The Bounds Of Zeal In Criminal Defense: Some Thoughts On Lynne Stewart, Abbe Smith
The Bounds Of Zeal In Criminal Defense: Some Thoughts On Lynne Stewart, Abbe Smith
Georgetown Law Faculty Publications and Other Works
What caused Lynne Stewart, after more than two decades of defense lawyering in the best tradition of the legal profession to cross the line? Holding aside the political climate of the times, did Stewart's approach to lawyering--whether in political or not terribly political cases--lead to her demise? Is her approach to lawyering different from most of the bar?
This paper discusses the conduct that led to Stewart's prosecution and her approach to lawyering generally. The author examines whether her view of zeal and devotion is at odds with the prevailing ethics and ethos of defense lawyering, and, if not, what …