118,323 research outputs found

    The Price of Judicial Economy in the US

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    In the US, courts widely perceive that judicial scarcity is a common problem threatening the fair and timely resolution of disputes. Courts cite the attendant interest in judicial economy to justify interpreting the procedural and substantive law to reduce the judicial workload or accelerate the resolution of cases. But courts’ assumption that there are too few judges to handle the current caseload is hard to substantiate. First, it may not be possible to infer from excessive judicial backlogs or other perceived judicial deficiencies that a shortfall of judges is to blame. Second, even when one confidently perceives that a judicial backlog or other deficiency in a particular US court is attributable to a dearth of judges, one cannot fairly generalize from that example to other US courts and jurisdictions. And third, judgments about judicial deficiencies popularly attributed to the inadequacy of judicial resources may turn on contestable assumptions about judges and adjudication. Given these challenges to measuring the adequacy of judicial resources, one might be skeptical whether judicial economies are worth the costs they impose

    Lawyers as Nonlawyers in Child-Custody and Visitation Cases: Questions from the Legal Ethics Perspective Response

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    The Child Advocacy Clinic at Indiana University School of Law-Bloomington ( Indiana Clinic ) takes as a premise that, in custody and visitation disputes, children may be best served by lawyers as guardians ad litem, rather than by lawyers qua lawyers, on one hand, or by nonlawyer guardians ad litem, on the other. In contrast, participants in a national conference at Fordham Law School\u27 concluded two years ago that [a] lawyer appointed or retained to serve a child in a legal proceeding should serve as the child\u27s lawyer. That is, the lawyer should regard the child as a client, not a ward. Implicit in this recommendation was that, if the court appoints a guardian ad litem ( GAL ) to serve the child, it should assign a nonlawyer to that role. This disagreement raises intertwined questions about how best to serve children in the context of the existing adversary process for making custody and visitation decisions and the prevailing best interest standard by which these decisions are made First, if someone is appointed to represent the child what role should that person play? And, second, to whom should courts assign this role

    Policing Federal Prosecutors: Do Too Many Regulators Produce Too Little Enforcement?

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    Section 58 of Children Act 2004 review: a response

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    Foreword

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    There but for Fortune: Real-Life vs. Fictional Case Studies in Legal Ethics

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