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Too Much Heart And Not Enough Heat: The Short Life And Fractured Ego Of The Empathic, Heroic Public Defender, Abbe Smith
Too Much Heart And Not Enough Heat: The Short Life And Fractured Ego Of The Empathic, Heroic Public Defender, Abbe Smith
Georgetown Law Faculty Publications and Other Works
In this Article I will examine Professor Ogletree's paradigm for motivating and sustaining public defenders ten years after he proposed it. I will discuss whether Professor Ogletree's paradigm works for defenders in the predominantly high-volume, urban settings in which they practice, and if so, for how long. If the paradigm works for short-term defenders only - or those with smaller caseloads - then perhaps it is a temporary, not a sustaining, motivation. I will examine whether the paradigm is helpful- on an aspirational level if nothing else – or whether it emphasizes motivations that are ultimately self-defeating. After discussing Professor …
Taking Out The Adversary: The Assault On Progressive Public Interest Lawyers, David Luban
Taking Out The Adversary: The Assault On Progressive Public Interest Lawyers, David Luban
Georgetown Law Faculty Publications and Other Works
This Essay concerns laws and doctrines, some very recent, that undermine the capacity of progressive public-interest lawyers to bring cases. It asks a simple-sounding question: how just is the adversary system if one side is not adequately represented in it? And it defends a simple-sounding answer: It is not just at all. As we shall see, however, neither the question nor the answer is quite as simple as it sounds.