CURRENT PRINT ISSUEVolume 100 - Issue 5
The United States Supreme Court (Mostly) Gives Up Its Review Role with Ineffective Assistance of Counsel Cases
Gideon v. Wainwright is arguably the most significant criminal justice decision in American history. Gideon’s recognition of indigent criminal defendants’ right to publicly funded counsel had an immediate and enormous impact on the fate of defendants nationwide. Despite the widely acknowledged problems with providing adequate representation in the years since Gideon, succeeding on ineffective assistance […]
Indigent defense lawyers today are routinely overwhelmed by excessive caseloads, underpaid, inadequately supported, poorly trained, and left essentially unsupervised. The result is a serious cultural problem in indigent defense, especially in jurisdictions where such defense is handled by lawyers lacking the community and institutional reinforcement that strong public-defender offices can provide. Consequently, many indigent defendants […]
William L. Prosser’s The Fall of the Citadel (Strict Liability to the Consumer) was simultaneously an analysis of the dismantling of the barriers to the imposition of strict liability for product-related injuries, an account of the sudden adoption of this form of liability beginning in the early 1960s, and a record of Prosser’s own intellectual […]
Though its seeds may have been planted long before, the economic loss rule in products liability tort law emerged in full force at the very same moment as the doctrine of strict products liability in the mid-1960s. This moment, fueled by the fall of privity and the rise of implied warranty earlier in the century, […]
Perspectives on the Fourth Amendment Forty Years Later: Toward the Realization of an Inclusive Regulatory Model
The Minnesota Law Review published Anthony Amsterdam’s celebrated Holmes Lectures just over forty years ago. Those lectures defended a normative, or at least very generally historical approach to the definition of “searches and seizures,” and a “regulatory model” as opposed to an “atomistic model” for assessing when “searches and seizures” are reasonable or “unreasonable.” Fourth […]
Search For An Article
- Note: Maximizing the Min-Max Test: A Proposal To Unify the Framework for Rule 403 Decisions
- Note: Anticompetitive Until Proven Innocent: An Antitrust Proposal To Embargo Covert Patent Privateering Against Small Businesses
- New Economy, Old Biases
- Will LGBT Antidiscrimination Law Follow the Course of Race Antidiscrimination Law?
- “The More Things Change . . .”: New Moves for Legitimizing Racial Discrimination in a “Post-Race” World
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