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Full-Text Articles in Law
Collaboration And Coercion: Domestic Violence Meets Collaborative Law, Margaret B. Drew
Collaboration And Coercion: Domestic Violence Meets Collaborative Law, Margaret B. Drew
Faculty Publications
‘Collaboration and Coercion’ addresses the systemic and individual concerns that arise when family members that have experienced abuse enter into the collaborative law process. A form of alternative dispute resolution, collaborative law is a method of resolving disputes without engagement of the legal system. The author addresses the structural and cultural difficulties that survivors of abuse encounter throughout the process as well as the ethical concerns that are raised when collaborative practitioners accept cases where the parties have a history of coercion within the intimate relationship.
Reinventing The Wheel: Constructing Ethical Approaches To State Indigent Legal Defense Systems, Bill Piatt
Reinventing The Wheel: Constructing Ethical Approaches To State Indigent Legal Defense Systems, Bill Piatt
Faculty Articles
Indigent defense remains in a state of crisis. Almost fifty years after the Supreme Court's landmark decision in Gideon v. Wainwright, lack of funding, favoritism, inefficiency, and poorly-designed indigent-defense plans plague the system, which can best be characterized as being in a state of disrepair. As a result, accused indigent individuals, a vulnerable population, suffer from a lack of adequate representation. This Article reviews the history and implementation of various indigent-defense systems and examines the ethical issues arising from their operation. It offers a guide to reconstructing a model system, including the suggestion that attorneys first recommit the profession to …