Law Commons^™

A Child-Centered Response To The Elkins Family Law Task Force, Amy M. Pellman, Robert N. Jacobs, Dara K. Reiner

William & Mary Bill of Rights Journal

In Elkins v. Superior Court, 163 P.3d 160 (Cal. 2007), California’s Supreme Court asked the Judicial Council to form a task force to make recommendations to increase “access to justice” in family court, because it was concerned about rules, policies, and procedures that put self-represented litigants at an unfair disadvantage in parentageand dissolution cases.

Neither the task force’s report in 2010 nor the legislation that the report inspired the same year addresses children’s due process rights, even though children ordinarily have no access to justice. This Article shows that due process sometimes requires the trial court to appoint counsel for …

E-Lawyering, The Aba's Current Choice Of Ethics Law Rule & The Dormant Commerce Clause Invalidates Model Rule 8.5(B)(2) When Applied To Attorney Internet Representations Of Clients, Michael W. Loudenslager

William & Mary Bill of Rights Journal

The Internet is becoming the primary manner in which some attorneys serve clients. States have already taken differing views on whether it is acceptable for an attorney to engage in electronic representations of clients. Thus, determining what jurisdiction's law applies to such attorney conduct can be very important in deciding whether this activity constitutes the unauthorized practice of law and, if not, determining the exact duties of an attorney in such representations. This Article argues that the current version of Model Rule of Professional Responsibility 8.5(b), which governs choice of ethics law, can be interpreted to apply the legal ethics …

United States Citizens Detained As "Enemy Combatants": The Right To Counsel As A Matter Of Ethics, Jesselyn A. Radack

William & Mary Bill of Rights Journal

The Supreme Court will decide as a matter of law whether an American citizen detained as an enemy combatant has the right to counsel. The author argues that as a matter of ethics, the answer is clear - there is a right to counsel. In this Article, the author analyzes the cases regarding Jose Padilla and Yaser Esam Hamdi discusses ABA Model Rule 4.2, and its application, and proposes an amendment to Rule 4.2's Comment.

An Attorney Is Not A Rolls-Royce: The Comprehensice Forfeiture Act Of 1984 And The Sixth Amendment Right To Effective Assistance Of Counsel After United States V. Monsanto, Karin Graham Horwatt

William & Mary Bill of Rights Journal

No abstract provided.