A Right To Representation

"From this practice stems the endemic underrepresentation of minorities in our political life. Enforcement of the Voting Rights Act has led to increased minority electoral success, but the strategy most commonly used - creation of majority-minority districts - has come under attack in the Supreme Court.".

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 confidence in our justice system, self-represented parties must be guided and assisted. Courts and the legal profession should continue to adapt and meet the challenge of managing and interacting with those who choose or are compelled to self-represent. Only when self-represented litigants are embraced by the courts, they will finally receive “equal justice under law.” This book would be of interest to those studying criminal justice and legal studies, specifically legal history and legal ethics, as well as judges, lawyers and other professionals in the field.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Right of Instruction and Representation in American Legislatures, 1778 to 1900 provides a comprehensive analysis of the role constituent instructions played in American politics for more than a hundred years after its founding. Constituent instructions were more widely issued than previously thought, and members of state legislatures and Congress were more likely to obey them than political scientists and historians have assumed. Peverill Squire expands our understanding of constituent instructions beyond a handful of high-profile cases, through analyses of two unique data sets: one examining more than 5,000 actionable communications (instructions and requests) sent to state legislators by constituents through town meetings, mass meetings, and local representative bodies; the other examines more than 6,600 actionable communications directed by state legislatures to their state’s congressional delegations. He draws the data, examples, and quotes almost entirely from original sources, including government documents such as legislative journals, session laws, town and county records, and newspaper stories, as well as diaries, memoirs, and other contemporary sources. Squire also includes instructions to and from Confederate state legislatures in both data sets. In every respect, the Confederate state legislatures mirrored the legislatures that preceded and followed them.

"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

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.

How Can You Represent Those People? is the first-ever collection of essays offering a response to the 'Cocktail Party Question' asked of every criminal lawyer. A must-read for anyone interested in race, poverty, crime, punishment, and what makes lawyers tick.

The important aspects of human wellbeing outlined in human rights instruments and constitutional bills of rights can only be adequately secured as and when they are rendered the object of specific rights and corresponding duties. It is often assumed that the main responsibility for specifying the content of such genuine rights lies with courts. Legislated Rights: Securing Human Rights through Legislation argues against this assumption, by showing how legislatures can and should be at the centre of the practice of human rights. This jointly authored book explores how and why legislatures, being strategically placed within a system of positive law, can help realise human rights through modes of protection that courts cannot provide by way of judicial review.

The speed of technological development, from cell phones to artificial intelligence, opens up exciting new opportunities for promoting human flourishing. It also raises grave risks, threatening not only personal privacy and dignity but also our collective survival. Technologies of Human Rights Representation brings together three fields of research critical to securing our future: changing technologies, human rights, and representation. For each of these fields, this book asks key questions: How can we open the black box of technological advances so that we can more fully understand their effects upon our lives? What can we do to make sure that these effects align with the values of human rights? And how does the way we talk about technology and rights—from military reports and corporate marketing to human rights reports and poetry—amplify or diminish our capacity both to understand and to control what happens next? Contributors from anthropology, communications, criminology, global studies, law, literary and cultural studies, and women and gender studies bring diverse methodological approaches to these crucial questions.