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Inverting the Viability Test for Abortion Law
No full textThe abortion controversy is likely to become even more pressing with the development of technological advancements that enhance the chances for fetal survival of the abortion procedure. This essay explores the consequences of recognizing that keeping the fetus alive does not depend on keeping the fetus in utero
Some Reflections on the Federal Judicial Role During the War on Drugs
No full textThe role of the judge in criminal proceedings is a multifaceted one that is subject constantly to new demands and challenges. In recent times,for example, judges have been accorded greater responsibility for case management in advance of trial, adaptations to the rules of evidence have enhanced the scope for discretionary decision-making, while legislative developments in the sentencing field have forced a reevaluation of the judge\u27s role in sentencing offenders. In the near future, the judicial role in this jurisdiction will take on a new dimension when the Human Rights Act is implemented. This collection of essays includes contributions on the above themes and beyond, including the issues of plea bargaining, judges in emergency situations, judges and media concerns, victims in the criminal process and magistrates\u27 justice. The collection is comparative and international in scope and includes contributions from leading scholars in the United States, Europe and elsewhere
Unmet Legal Needs Of DC Immigrants: How Substantive And Procedural Changes In The Laws Restrict Liberty And Deny Access To Justice
No full textMapping A Labyrinth To Justice: Lessons And Insights From Innovative Legal Services Delivery Methodologies Implemented In The District Of Columbia
No full textCompetent Legal Writing - A Lawyer\u27s Professional Responsibility
No full textThe legal profession is constantly evolving to keep pace with our increasingly complex society.\u27 Today, the legal profession is larger and more diverse than ever before. Despite this transformation, the law has remained a single profession identified with a perceived common body of learning, skills and values. This common body of learning, skills, and values constitutes the fundamental elements of competent representation. Writing is one of the essential skills of competent representation.
Law is a profession of words. Lawyers use words, both written and oral, in a wide array of contexts-to advise, to advocate, to elicit information, to establish legal obligations, and to effectuate legal transactions. To provide competent representation, a lawyer must communicate effectively.\u27 However, since Dean Langdell introduced the Socratic method, law schools have elevated oral communication skills over written communication skills. Writing has suffered the status of a poor relation in the law school curriculum. Nonetheless, writing is central to the practice of law.
Good legal writing is a virtual necessity for good lawyering. Without good legal writing, good lawyering is wasted.... , The goal of legal writing is to convey information to the intended audience.
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Oregon v. Elstad Revisited: Urging State Court Judges To Depart From The U.S. Supreme Court\u27s Narrowing Of Miranda
No full textImagine an average young man on the threshold of adulthood, living in a medium-sized town in a middle-class family. Still in his early years, he gets into a little local trouble and one day finds the police at his door. They ask him questions about a burglary. He panics, and as he racks his brain for some scrap of legal knowledge that might get him out of this frightening situation, he admits that he knows about the crime, stating he was there. The police become more persistent, telling him they know about his involvement, asking him if he wants to talk; finally they read him his Miranda rights. Confused and afraid, he confesses again. The United States Supreme Court believes that this young man understood the Miranda warnings at this crucial moment, waived them with a voluntary confession; thus he sealed his own fate
Maintaining An Accusatorial System Of Justice: The States\u27 Refusal To Follow The Supreme Court\u27s Sanctioning Of Official Police Deception In Moran v. Burbine
No full textOurs is the accusatorial as opposed to the inquisitorial system. Such has been the characteristic of Anglo-American criminal justice since it freed itself from practices borrowed by the Star Chamber from the Continent whereby an accused was interrogated in secret for hours on end. Under our system society carries the burden of proving its charge against the accused not out of his own mouth. It must establish its case, not by interrogation of the accused even under judicial safeguards, but by evidence independently secured through skillful investigation.... Protracted, systematic and uncontrolled subjection of an accused to interrogation by the police for the purpose of eliciting disclosures or confessions is subversive of the accusatorial system.\u2
