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Self-Representation
Self-representation has a long, venerable history dating to biblical times and continuing through the common law, the colonial era, to the present. This book collects and analyzes the law, ethics opinions, and empirical studies about the wide range of issues surrounding Self-represented litigants (SRLs) in our justice system, including how much, if any, assistance should a judge provide, what duties do lawyers interacting with SRLs, and many others. Using recent empirical studies from both Civil litigation and criminal defense, Jona Goldschmidt argues that SRLs’ cases cannot be fairly heard without a mandatory judicial duty of reasonable assistance. In order to maintain public trust and co...
Ethical Problems in the Practice of Law
This problem-based book reflects the authors' broad range of teaching, clinical, and policy-making experience. The book's carefully crafted ethical problems challenge students to engage in a deep analysis and participate in lively class discussion. Features include: Real-world problems, most based on actual cases, in which students are asked to step into the shoes of practicing lawyers to confront difficult ethical dilemmas that often arise in practice. The law governing lawyers explained in an accessible question-and-answer format. A succinct explanation of relevant Model Rules and other law governing lawyers, including examples from disciplinary and malpractice cases. An opportunity for st...
Injustice in Person
The right to litigate in person is fiercely protected in common law jurisdictions, but litigants in person nonetheless pose serious challenges to the administration of justice. By examining the theoretical underpinnings of the right to self-representation, this book provides a new perspective in the debate over access to justice.
Health Care Reform
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Judiciaries in Comparative Perspective
An independent and impartial judiciary is fundamental to the existence and operation of a liberal democracy. Focussing on Australia, Canada, New Zealand, South Africa, the United Kingdom and the United States, this comparative 2011 study explores four major issues affecting the judicial institution. These issues relate to the appointment and discipline of judges; judges and freedom of speech; the performance of non-judicial functions by judges; and judicial bias and recusal, and each is set within the context of the importance of maintaining public confidence in the judiciary. The essays highlight important episodes or controversies affecting members of the judiciary to illustrate relevant principles.
A Prescription for Dignity
Examining the treatment of persons with mental disabilities in the criminal justice system, this book offers new perspectives that are crucial to an understanding of the ways in which society projects onto criminal defendants prejudices and attitudes about responsibility, free will, autonomy, choice, public safety, and the meaning and purpose of punishment, all with a focus on ways to enhance dignity in the criminal trial process. It is a detailed exploration of issues of adequacy of counsel; the impact of international human rights law, following the ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD); the role of mental health courts; and the inf...
The Arizona State Constitution
In The Arizona State Constitution, John D. Leshy provides a comprehensive history of Arizona's constitutional development. Adopted at the height of the progressive movement, the Constitution contains many progressive innovations. Leshy describes these along with the dramatic changes the state has undergone in subsequent decades. He also includes a section-by-section commentary which crisply discusses the evolution and interpretation of each section, including significant court decisions. Thoroughly updated to reflect amendments and court cases through the fall of 2012, the second edition of The Arizona State Constitution is an essential reference guide for readers who seek a rich account of ...
Children, Courts, and Custody
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Judicial Politics: Readings from Judicature
This anthology of more than seventy articles, published by the American Judicature Society, is distributed by Rowman & Littlefield Publishers.
