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An Introduction to Fifty Years of Gid...

“Two years ago, the Iowa Law Review marked the twenty-fifth anniversary of Batson v. Kentucky’s landmark ban on...

An Introduction to Fifty Years of Gideon
posted on: Jul 15, 2014 | author: James J. Tomkovicz

Reclaiming Our Rightful Place: Revivi...

Keynote Address: “There can be no equal justice where the kind of trial a man gets depends on the amount of money he...

Reclaiming Our Rightful Place: Reviving the Hero Image of the Public Defender
posted on: Jul 15, 2014 | author: Jonathan A. Rapping

Penalizing and Chilling an Indigent’s...

ABSTRACT: While Gideon v. Wainwright is widely and justly celebrated for extending the right to the appointment of...

Penalizing and Chilling an Indigent’s Exercise of the Right to Appointed Counsel for Misdemeanors
posted on: Jul 15, 2014 | author: Russell L. Christopher

Paying for Gideon

“To protect the ‘noble ideal’ that ‘every defendant stands equal before the...

Paying for Gideon
posted on: Jul 15, 2014 | author: Beth A. Colgan

Fulfilling the Unfulfilled Promise of...

Nearly fifty years after the landmark case of Gideon v. Wainwright, representation of indigent criminal defendants in...

Fulfilling the Unfulfilled Promise of Gideon: Litigation as a Viable Strategic Tool
posted on: Jul 15, 2014 | author: Margaret A. Costello

Counsel’s Role in Bargaining for Tria...

ABSTRACT: This Essay examines how counsel might use plea bargaining to mitigate the harm of plea bargaining: rather...

Counsel’s Role in Bargaining for Trials
posted on: Jul 15, 2014 | author: Gregory M. Gilchrist

An Originalist Argument for a Sixth A...

ABSTRACT: The Treason Act of 1696 provided a right to counsel in treason cases in England and laid the framework for...

An Originalist Argument for a Sixth Amendment Right to Competent Counsel
posted on: Jul 15, 2014 | author: Erica J. Hashimoto

Gideon and the Golden Thread

“One undeniable facet of the American criminal law process is that, like a coin, it has two sides. One side has...

Gideon and the Golden Thread
posted on: Jul 15, 2014 | author: Lawrence Herman

Gideon v. Wainwright – From a 1963 Pe...

“Gideon v. Wainwright is more than a “landmark” Supreme Court ruling in the field of constitutional criminal...

Gideon v. Wainwright – From a 1963 Perspective
posted on: Jul 15, 2014 | author: Jerold H. Israel

The Gideon Trials

“This Essay is about the trials of Clarence Earl Gideon that took place before and after the decision in Gideon...

The Gideon Trials
posted on: Jul 15, 2014 | author: Bruce R. Jacob

Systemic Barriers to Effective Assist...

“In a trio of recent cases, Padilla v. Kentucky, Missouri v. Frye, and Lafler v. Cooper, the U.S. Supreme Court...

Systemic Barriers to Effective Assistance of Counsel in Plea Bargaining
posted on: Jul 15, 2014 | author: Peter A. Joy & Rodney J. Uphoff

“Crimmigration” and the Right to Coun...

“The Supreme Court recently discovered,1 in its 2010 decision in Padilla v. Kentucky, what I have termed the...

“Crimmigration” and the Right to Counsel at the Border Between Civil and Criminal Proceedings
posted on: Jul 15, 2014 | author: Christopher N. Lasch

Ineffective Assistance of Counsel Bef...

This Essay views IAC through the lens of doctrinal history and seeks to reverse the standard chronology in the...

Ineffective Assistance of Counsel Before Powell v. Alabama: Lessons from History for the Future of the Right to Counsel
posted on: Jul 15, 2014 | author: Sara Mayeux

Giving Kids Their Due: Theorizing a M...

ABSTRACT: This Essay advocates expansion of the right to and role of juvenile-defense counsel under the Fourteenth...

Giving Kids Their Due: Theorizing a Modern Fourteenth Amendment Framework for Juvenile Defense Representation
posted on: Jul 15, 2014 | author: Mae C. Quinn

Right to Counsel and Plea Bargaining:...

This Essay argues that the plea-bargaining principles espoused in Padilla v. Kentucky, Missouri v. Frye, and Lafler...

Right to Counsel and Plea Bargaining: Gideon’s Legacy Continues
posted on: Jul 15, 2014 | author: Lahny R. Silva

Defense Attorney Resistance

This Essay begins an examination of the relationship between the right to counsel and disproportionate minority...

Defense Attorney Resistance
posted on: Jul 15, 2014 | author: Robin Walker Sterling

Monopsony Problems with Court-Appoint...

“Gideon v. Wainwright altered the legal landscape by mandating state funded defense counsel for indigent...

Monopsony Problems with Court-Appointed Counsel
posted on: Jul 15, 2014 | author: Dru Stevenson

Twenty-Five Years of Batson: An Intro...

On April 30, 2011, Batson v. Kentucky celebrated its twenty-fifth anniversary. Although not every member of the...

Twenty-Five Years of Batson: An Introduction to Equal Protection Regulation of Peremptory Jury Challenges
posted on: Jul 1, 2012 | author: James J. Tomkovicz

Statistical Proof of Racial Discrimin...

The jurisprudence that has developed in the last twenty-five years under Batson v. Kentucky may be fairly described...

Statistical Proof of Racial Discrimination in the Use of Peremptory Challenges: The  Impact and Promise of the Miller-El Line of Cases As Reflected in the Experience of One Philadelphia Capital Case
posted on: Jul 1, 2012 | author: David C. Baldus & Catherine M. Grosso

Prosecutors and Peremptories

This Article calls on prosecutors to implement voluntary reforms seeking to minimize the government’s exercise of...

Prosecutors and Peremptories
posted on: Jul 1, 2012 | author: Alafair S. Burke

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