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Full-Text Articles in Law

Jd And Me: Exploring Hybrid Representation Of Pro Se Defendants In Capital Murder Cases, Andrew Wick Nov 2023

Jd And Me: Exploring Hybrid Representation Of Pro Se Defendants In Capital Murder Cases, Andrew Wick

Et Cetera

The United States Constitution grants those facing the loss of life and liberty the right to due process and a fair trial under the law. What can be done to ensure criminal defendants facing the death penalty feel as though their desired argument and defense will be presented while still having the appearance of a fair trial? This Article compares a person the law says is qualified to waive counsel and represent themselves and a person qualified to be appointed to represent those facing the death penalty, what is required to waive counsel, the involvement of the trial court and …


Proceeding Pro Se: Misguided Limitations On The Prison Mailbox Rule In Cretacci V. Call, Eleanor Ritter Jul 2023

Proceeding Pro Se: Misguided Limitations On The Prison Mailbox Rule In Cretacci V. Call, Eleanor Ritter

Pepperdine Law Review

Under the “prison mailbox rule,” an inmate’s notice of appeal in either a criminal or civil case is considered filed at the moment the notice is given to prison authorities to be mailed. But the prison mailbox rule originated as a common law rule––having developed in Fallen v. United States and Houston v. Lack––and was not codified in the Federal Rules of Appellate Procedure until 1993. In light of its complex origins, circuit courts have split over to whom and to which types of filings the rule should apply. More specifically, courts have disagreed over whether the prison mailbox rule …


Forced To Play And Forced To Pay: The Indigent Counsel Fee In Massachusetts As A Cost Of Being Charged With A Crime, Stanislaw Krawiecki May 2023

Forced To Play And Forced To Pay: The Indigent Counsel Fee In Massachusetts As A Cost Of Being Charged With A Crime, Stanislaw Krawiecki

University of Massachusetts Law Review

When indigent defendants in Massachusetts are charged with a crime and receive a court-appointed lawyer, they are also charged something else: a fee. This $150 fee is imposed on criminal defendants by the state as soon as they receive a constitutionally guaranteed "free" legal defense. The Article focuses on this inherent contradiction and identifies its far-reaching effects in undermining individuals’ constitutional protections. Massachusetts’s indigent counsel fee "chills" the right to counsel, creating a straightforward result for indigent individuals who are faced with a choice between paying for a "free" lawyer and not disclaiming their constitutional right to one. The deeper …


Crying Wolves, Paper Tigers, And Busy Beavers—Oh My!: A New Approach To Pro Se Prisoner Litigation, Justin C. Van Orsdol Jan 2023

Crying Wolves, Paper Tigers, And Busy Beavers—Oh My!: A New Approach To Pro Se Prisoner Litigation, Justin C. Van Orsdol

Arkansas Law Review

To say that the United States is infatuated with incarceration would be a gross understatement. As a result of “tough on-crime” laws, the United States has “the largest prison population in the world, with more than 2.3 million persons behind bars on any given day” and it “also has the world’s highest per capita rate of incarceration” with a rate that is “five to ten times higher than those of other industrialized democracies like England and Wales . . . . Canada . . . , and Sweden.” Due in part to prison population increases, the conditions of U.S. prisons …


In Re Mandy M., 239 A.3d 1152, 1155 (R.I. 2020), Jacklyn Henry Jan 2023

In Re Mandy M., 239 A.3d 1152, 1155 (R.I. 2020), Jacklyn Henry

Roger Williams University Law Review

No abstract provided.


Evaluating The Pro Se Plight: A Comprehensive Review Of Access To Justice Initiatives In Ohio Landlord-Tenant Law, Caleigh M. Harris Dec 2022

Evaluating The Pro Se Plight: A Comprehensive Review Of Access To Justice Initiatives In Ohio Landlord-Tenant Law, Caleigh M. Harris

University of Cincinnati Law Review

No abstract provided.


When Accessing Justice Requires Absence From The Courthouse: Utah’S Online Dispute Resolution Program And The Impact It Will Have On Pro Se Litigants, Julianne Dardanes Apr 2021

When Accessing Justice Requires Absence From The Courthouse: Utah’S Online Dispute Resolution Program And The Impact It Will Have On Pro Se Litigants, Julianne Dardanes

Pepperdine Dispute Resolution Law Journal

According to the 2017 Justice Gap Report conducted by Congress’s non-profit Legal Services Corporation (LSC), eighty-six percent of civil legal issues involving low-income Americans received scant or no legal assistance. The number of unrepresented (“pro se”) litigants continues to rise, with low-income Americans constituting a significant portion of this population. Due to the inefficiency of socioeconomically challenged litigants appearing pro se, this article proposes implementing Utah’s court-mandated Online Dispute Resolution (ODR) program as a solution nation-wide. Utah’s ODR program for small claims is revolutionary because it is the first ODR system able to handle an entire dispute instead of only …


Contingent Compensation Of Post-Conviction Counsel: A Modest Proposal To Identify Meritorious Claims And Reduce Wasteful Government Spending, Christopher T. Robertson Jul 2017

Contingent Compensation Of Post-Conviction Counsel: A Modest Proposal To Identify Meritorious Claims And Reduce Wasteful Government Spending, Christopher T. Robertson

Maine Law Review

It costs about $25,000 a year to pay for the housing, food, medical care, and security for each of the 2.3 million residents of America’s prisons. In a world of limited public budgets, each of these expenditures represents an opportunity cost—a teacher’s aide not hired, a section of road not widened. Local, state, and federal governments pay such incarceration costs, which amount to $75 bullion in the aggregate, while slashing budgets for essential services for the rest of the citizenry including medical care, biomedical research, infrastructure, and educational funding—investments which arguably provide greater returns to taxpayers.


Poverty, The Great Unequalizer: Improving The Delivery System For Civil Legal Aid, Latonia Haney Keith Jan 2017

Poverty, The Great Unequalizer: Improving The Delivery System For Civil Legal Aid, Latonia Haney Keith

Catholic University Law Review

When individuals in the United States face civil justice issues, they are not entitled to legal counsel and therefore must secure paid counsel, proceed pro se or qualify for free legal assistance. As a result of the economic downturn, the number of Americans who are unable to afford legal counsel is now at an all-time high. In response to this ever-widening justice gap, the public interest community has launched multiple initiatives to supplement the underfunded legal aid system. Though valiant, this article argues that this approach has unfortunately created a complex, fragmented and overlapping delivery system for legal aid. This …


What Happens After The Right To Counsel Ends? Using Technology To Assist Petitioners In State Post-Conviction Petitions And Federal Habeas Review, Margaret Smilowitz Jan 2017

What Happens After The Right To Counsel Ends? Using Technology To Assist Petitioners In State Post-Conviction Petitions And Federal Habeas Review, Margaret Smilowitz

Journal of Criminal Law and Criminology

No abstract provided.


Communication And Competence For Self-Representation, E. Lea Johnston Apr 2016

Communication And Competence For Self-Representation, E. Lea Johnston

Fordham Law Review

In Indiana v. Edwards, the U.S. Supreme Court held that states may impose a higher competency standard for self-representation than to stand trial in criminal cases. While the Court articulated a number of interests relevant to representational competence, it left to states the difficult task of formulating an actual competence standard. This Article offers the first examination and assessment of the constitutionality of state standards post-Edwards. It reveals that seven states have endorsed a representational competence standard with a communication component. Additionally, twenty states have embraced vague, capacious standards that could consider communication skills. In applying these standards, states …


Searching Inquiry Requirement In Civil Commitment Proceedings Of Sex Offenders, Arsalan Ali Memon Aug 2015

Searching Inquiry Requirement In Civil Commitment Proceedings Of Sex Offenders, Arsalan Ali Memon

Touro Law Review

No abstract provided.


Fools Rush In Where Lawyers Would Better Tread: The Right To Self-Representation And Related Standards Of Competency, Julia M. Capie Aug 2015

Fools Rush In Where Lawyers Would Better Tread: The Right To Self-Representation And Related Standards Of Competency, Julia M. Capie

Touro Law Review

No abstract provided.


The Prioritization Of Criminal Over Civil Counsel And The Discounted Danger Of Private Power, Kathryn A. Sabbeth Jul 2015

The Prioritization Of Criminal Over Civil Counsel And The Discounted Danger Of Private Power, Kathryn A. Sabbeth

Florida State University Law Review

This Article seeks to make two contributions to the literature on the role of counsel. First, it brings together civil Gideon research and recent studies of collateral consequences. Like criminal convictions, civil judgments result in far-reaching collateral consequences, and these should be included in any evaluation of the private interests that civil lawyers protect. Second, this Article argues that the prioritization of criminal defense counsel over civil counsel reflects a mistaken view of lawyers’ primary role as a shield against government power. Lawyers also serve a vital role in checking the power of private actors. As private actors increasingly take …


Bridging The Gap: Rethinking Outreach For Greater Access To Justice, Rebecca L. Sandefur Jul 2015

Bridging The Gap: Rethinking Outreach For Greater Access To Justice, Rebecca L. Sandefur

University of Arkansas at Little Rock Law Review

No abstract provided.


Access To Justice Without Lawyers, Benjamin P. Cooper Jun 2015

Access To Justice Without Lawyers, Benjamin P. Cooper

Akron Law Review

This Article examines three ways in which consumers are gaining greater access to the justice system without using lawyers. First, courts around the country have adopted standardized forms in both paper and electronic form for use by pro se litigants and are adopting other technology to improve the experience of self-represented litigants. Similarly, companies such as LegalZoom are using a do-it-yourself approach (a la Turbo Tax) to help consumers obtain a wide variety of legal documents at a relatively low price. Second, New York recently adopted a mandatory pro bono requirement for applicants seeking admission to the bar on or …


Appellate Division, Fourth Department, People V. Allen, Joaquin Orellana Apr 2015

Appellate Division, Fourth Department, People V. Allen, Joaquin Orellana

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Arroyo, Jean D 'Alessandro Apr 2015

Court Of Appeals Of New York, People V. Arroyo, Jean D 'Alessandro

Touro Law Review

No abstract provided.


Prosecuting The Material Support Of Terrorism: Federal Courts, Military Commissions, Or Both?, P. Scott Rufener Mar 2015

Prosecuting The Material Support Of Terrorism: Federal Courts, Military Commissions, Or Both?, P. Scott Rufener

University of Massachusetts Law Review

This note argues that given the recent changes in the 2009 MCA the overall scheme for prosecuting material support of terrorism offenses is satisfactory (i.e., material support crimes should remain under the jurisdiction of both forums), but that the jurisdiction of military commissions over material support offenses should be limited to those providing material support to further specific acts of terrorism (as opposed to generalized support) and to those giving aid to terrorists or foreign terrorist organizations (hereinafter ―FTOs) in active theaters of war.


County Court, Rockland County, People V. Clark, Lauren Tan Dec 2014

County Court, Rockland County, People V. Clark, Lauren Tan

Touro Law Review

No abstract provided.


District Court, Suffolk County New York, People V. Nytac Corp., Maureen Fitzgerald Dec 2014

District Court, Suffolk County New York, People V. Nytac Corp., Maureen Fitzgerald

Touro Law Review

No abstract provided.


Appellate Division, Fourth Department, People V. Brown, Jennifer Feldman Dec 2014

Appellate Division, Fourth Department, People V. Brown, Jennifer Feldman

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, People V. Henriquez, Nicholas Melillo Dec 2014

Court Of Appeals Of New York, People V. Henriquez, Nicholas Melillo

Touro Law Review

No abstract provided.


Choose Your Own Path: A Defendant's Constitutional Right To Legal Representation, Luzan Moore Mar 2014

Choose Your Own Path: A Defendant's Constitutional Right To Legal Representation, Luzan Moore

Touro Law Review

No abstract provided.


Gideon Meets Goldberg: The Case For A Qualified Right To Counsel In Welfare Hearings, Stephen Loffredo, Don Friedman Apr 2013

Gideon Meets Goldberg: The Case For A Qualified Right To Counsel In Welfare Hearings, Stephen Loffredo, Don Friedman

Touro Law Review

In Goldberg v. Kelly, the Supreme Court held that welfare recipients have a right under the Due Process Clause to notice and a meaningful opportunity to be heard before the state may terminate assistance. However, the Court stopped short of holding due process requires states to appoint counsel to represent claimants at these constitutionally mandated hearings. As a result, in the vast majority of administrative hearings involving welfare benefits, claimants- desperately poor, and often with little formal education- must appear pro se while trained advocates represent the government. Drawing on the theory of underenforced constitutional norms, first articulated by Dean …


A Lawyer For John Doe: Alternative Models For Representing Maryland's Middle Class, Lucy B. Bansal Jan 2013

A Lawyer For John Doe: Alternative Models For Representing Maryland's Middle Class, Lucy B. Bansal

University of Maryland Law Journal of Race, Religion, Gender and Class

"A Lawyer for John Doe," explores the growing disparity between the legal services available to the upper class and the poor in the state of Maryland. The article offers four models or solutions that creatively show different ways in which middle class citizens can obtain adequate and substantive legal representation for issues that specifically concern them.


Pro Se Litigation: Best Practices From A Judge's Perspective, Hon. Beverly W. Snukals, Glen H. Sturtevant Jr. Nov 2007

Pro Se Litigation: Best Practices From A Judge's Perspective, Hon. Beverly W. Snukals, Glen H. Sturtevant Jr.

University of Richmond Law Review

No abstract provided.


Legislative Inconsistency: California's Good Cause Statutory Exceptions As A Step Back In The Effort To Improve Court Access For Non-English Speaking Civil Litigants, Nicholas P. Tsukamaki Jan 2006

Legislative Inconsistency: California's Good Cause Statutory Exceptions As A Step Back In The Effort To Improve Court Access For Non-English Speaking Civil Litigants, Nicholas P. Tsukamaki

University of San Francisco Law Review

Because statutory exceptions in California law allow trial courts to appoint non-certified interpreters, this comment argues that these good cause exceptions are inconsistent with the Legislature's commitment to improving court access for non-English speaking civil litigants.


Technology For Justice Customers: Bridging The Digital Divide Facing Self-Represented Litigants, Rondald W. Staudt Jan 2005

Technology For Justice Customers: Bridging The Digital Divide Facing Self-Represented Litigants, Rondald W. Staudt

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Justice For Intersts Of The Poor: The Problem Of Navigating The System Without Counsel, Deborah J. Cantrell Jan 2002

Justice For Intersts Of The Poor: The Problem Of Navigating The System Without Counsel, Deborah J. Cantrell

Fordham Law Review

No abstract provided.