The Yale Law Journal

This journal publishes articles, essays and book reviews on law and government.

Articles from Vol. 122, No. 8, June

An Immigration Gideon for Lawful Permanent Residents
ESSAY CONTENTS INTRODUCTION I. THE LIMITED AVAILABILITY OF LEGAL SERVICES IN CIVIL CASES II. THE NEED FOR REPRESENTATION IN REMOVAL CASES II. THE LAW ON THE RIGHT TO COUNSEL IN REMOVAL PROCEEDINGS IV. A DUE PROCESS RIGHT TO COUNSEL FOR LAWFUL PERMANENT ...
Celebrating the "Null" Finding: Evidence-Based Strategies for Improving Access to Legal Services
ESSAY CONTENTS INTRODUCTION I. LEGAL SERVICES IN THE UNITED STATES: FROM LAW REFORM TO RIGHT TO COUNSEL A. Legal Services, Law Reform, and Controversy: 1965 to 1980 B. The Civil Gideon Movement C. The New Legal Services Landscape II....
Effective Plea Bargaining Counsel
ESSAY CONTENTS INTRODUCTION I. REGULATING THE PLEA PROCESS IN PADILLA, FRYE, AND LAFLER A. The Cases of Jose Padilla, Galin Frye, and Anthony Cooper B. Jurisprudential Support for a Right to Effective Bargaining Counsel C. Prevailing...
Effective Trial Counsel after Martinez V. Ryan: Focusing on the Adequacy of State Procedures
ESSAY CONTENTS INTRODUCTION I. PROCEDURAL DEFAULT OF INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL CLAIMS II. THE IMPACT OF MARTINEZ V. RYAN III. THE STATES' REACTION TO MARTINEZ IV. THE PUSH TOWARD ADEQUACY DOCTRINE CONCLUSION INTRODUCTION...
Enforcing Effective Assistance after Martinez
ESSAY CONTENTS INTRODUCTION I. MARTINEZ AND FEDERAL HABEAS REVIEW II. MARTINEZ AND STATE POSTCONVICTION REVIEW A. State Postconviction Review Before Martinez 1. Filing Rates 2. Counsel and Hearings 3. Relief B....
Fear of Adversariness: Using Gideon to Restrict Defendants' Invocation of Adversary Procedures
ESSAY CONTENTS INTRODUCTION I. THE REGULATION OF DEFENDANT-DRIVEN ADVERSARINESS THROUGH GIDEON AND STRICKLAND A. The Court's General Preference for Nonadversarial Case Resolution B. The Court's Efforts To Regulate Defendant-Driven ...
Federal Public Defense in an Age of Inquisition
ESSAY CONTENTS INTRODUCTION I. GIDEON AND THE ALLEN REPORT II. THE SYSTEM NOW A. The Big Picture B. The Federal Defenders of New York III. FAIRER PROCESS: THEN OR NOW? CONCLUSION INTRODUCTION There seem to be two bad options when writing...
Fifty Years of Defiance and Resistance after Gideon V. Wainwright
ESSAY CONTENTS INTRODUCTION I. PROSECUTORS DETERMINE OUTCOMES IN MANY CASES WITH LITTLE OR NO INPUT FROM THE DEFENSE II. GOVERNMENTS HAVE DISREGARDED THEIR CONSTITUTIONAL OBLIGATION TO PROVIDE COUNSEL CONCLUSION INTRODUCTION Every...
Gideon at Fifty: A Problem of Political Will
Levon Brooks was exonerated by the Innocence Project after being convicted of the 1990 rape and murder of a child on the basis of bogus expert "bite mark" evidence. At Brooks's trial in Noxubee County, Mississippi, the prosecutor-the allegorically...
Gideon at Guantanamo
The right to counsel maintains an uneasy relationship with the demands of trials for violations of the laws of war. The convenors of this Symposium asked me to share some personal reflections of how the right to counsel operated during the five years...
Gideon at Guantanamo: Democratic and Despotic Detention
ESSAY CONTENTS I. THE GIDEON EFFECT II. GIDEON AND MIRANDA: LIBERTY, COERCION, AND AMERICAN IDENTITY III. KEEPING LAWYERS AT BAY: 9/11 AND ACCESS TO THE COURTS IV. LAWYERING WHILE HELD AT BAY V. FROM GIDEON TO 9/11: UTILITIES, USELESSNESS,...
Gideon Exceptionalism?
ESSAY CONTENTS INTRODUCTION I. THE GIDEON REVOLUTION A. The Decision B. How Do I Love Gideon? Let Me Count the Ways II. GIDEON'S PERSISTENCE A. Mapp v. Ohio's Contraction B. Miranda v. Arizona's Contraction C. Wade v. United...
Gideon's Amici: Why Do Prosecutors So Rarely Defend the Rights of the Accused?
ESSAY CONTENTS INTRODUCTION I. WHY IS GIDEON SO SPECIAL? II. WHY DO PROSECUTORS SO RARELY FILE AMICUS BRIEFS ON THE DEFENDANT'S SIDE? A. Missed Opportunities B. Practical Concerns CONCLUSION INTRODUCTION Gideon v. Wainwright (1)...
Gideon's Law-Protective Function
ESSAY CONTENTS INTRODUCTION I. MAKING RIGHTS II. THE PROTECTIVE EFFECT A. Gideon and Rights-Making B. Gideon's Adversarial Role C. Gideon's Protective Consequences III. LAW PROTECTION AND CIVIL GIDEON CONCLUSION INTRODUCTION Gideon...
Gideon's Migration
ESSAY CONTENTS INTRODUCTION I. IMMIGRATION REPRESENTATION OUTSIDE GIDEON A. Nonprofit Organizations B. Pro Bono Representation C. Law School Clinics II. IMMIGRATION REPRESENTATION INSIDE GIDEON A. Advising on Immigration Consequences B. Protecting...
Gideon's Shadow
ESSAY CONTENTS INTRODUCTION I. GIDEON AS THE GREATEST RIGHT II. GIDEON OVERSHADOWING OTHER RIGHTS A. Judicial Doctrines Developed in the Shadow of Gideon 1. Retroactivity 2. General Habeas Limits 3. Challenging a Prior...
Implicit Racial Bias in Public Defender Triage
ESSAY CONTENTS INTRODUCTION I. OVERVIEW OF IMPLICIT RACIAL BIASES II. PUBLIC DEFENDER TRIAGE III. IMPLICIT BIASES' EFFECTS ON TRIAGE JUDGMENTS A. Biased Evaluations of Evidence B. Biased Interactions C. Biased Acceptance of Punishments ...
Investigating Gideon's Legacy in the U.S. Courts of Appeals
ESSAY CONTENTS INTRODUCTION I. JUDGES' PRIOR LEGAL EXPERIENCE AND CURRENT CASELOADS A. Prior Legal Experience of Federal Appellate Judges B. Federal Appellate Caseloads II. WHY IT MATTERS A. Procedural Justice in an Era of Mass Incarceration ...
Lessons from Gideon
ESSAY CONTENTS INTRODUCTION I. LAWYERS MATTER, MONEY MATTERS II. WHY? III. THE LESSONS CONCLUSION INTRODUCTION The fiftieth anniversary of Gideon v. Wainwright (1) deserves celebration. Gideon's assurance of counsel to all facing a prison...
Participation, Equality, and the Civil Right to Counsel: Lessons from Domestic and International Law
ESSAY CONTENTS INTRODUCTION I. U.S. JURISPRUDENCE: CIVIC PARTICIPATION, EQUALITY, AND CIVIL COUNSEL A. Supreme Court Case Law 1. Due Process Analyses and the Right to Counsel 2. Equality Analyses B. State Courts ...
Poor People Lose: Gideon and the Critique of Rights
ESSAY CONTENTS INTRODUCTION I. HOW POOR PEOPLE LOSE IN AMERICAN CRIMINAL JUSTICE II. THE CRITIQUE OF RIGHTS III. THE CRITIQUE OF RIGHTS, APPLIED TO GIDEON A. The Liberal Overinvestment in Rights B. The Indeterminacy of Rights C. Rights...
Race and the Disappointing Right to Counsel
ESSAY CONTENTS INTRODUCTION I. THE RISE OF THE RIGHT TO COUNSEL A. Help for the "Ignorant Negro" B. Two Notes from Gideon's Trumpet II. THE BURDEN OF GIDEON CONCLUSION INTRODUCTION Two central features of the criminal justice system...
Searching for Solutions to the Indigent Defense Crisis in the Broader Criminal Justice Reform Agenda
ESSAY CONTENTS INTRODUCTION I. FALLING SHORT OF GIDEON'S DREAM II. SMART-ON-CRIME CRIMINAL JUSTICE REFORM III. INDIGENT DEFENSE REFORM AND THE BROADER SMART-ON-CRIME REFORM AGENDA A. Reclassification and Diversion B. Greater Collaboration...
Valuing Gideon's Gold: How Much Justice Can We Afford?
ESSAY CONTENTS INTRODUCTION I. WHO WAS GIDEON? II. THE EL PASO PLAN: A TEN-KARAT GOLD NUGGET III. NO JURY, NO FOUL: GIDEON'S PLEA IV. GIDEON THROUGH THE LABYRINTH OF MENTAL ILLNESS CONCLUSION: HOW MUCH JUSTICE CAN WE AFFORD? INTRODUCTION...
Why Civil Gideon Won't Fix Family Law
ESSAY CONTENTS INTRODUCTION I. THE LOGIC OF CIVIL GIDEON II. WHY THIS MODEL IS WRONG FOR FAMILY LAW III. FITTING CIVIL GIDEON INTO SYSTEMIC FAMILY LAW REFORM CONCLUSION INTRODUCTION As Gideon v. Wainwright (1) reaches its fiftieth anniversary,...