O'Quinn Law Library Newsletter
October/November 2007
From the desk of the Editor
This issue is full of goodies. The
New Titles Authored by Our Faculty Jenel Cotton
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Ellen Marrus, Irene
Merker Rosenberg Children and juvenile justice. Carolina Academic Press, c2007. KF9794.M37 2007
This new casebook provides a unique teaching tool for
examining the issues relating to children charged with crime in the juvenile
courts. It examines the history of the juvenile court system in |
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Encyclopedia of American civil liberties. Paul Finkelman, editor. Routledge, c2006 KF4747.5.E53 2006
With contributions by David
Dow and Leslie C. Griffin.
This major multidisciplinary Encyclopedia in American history and law is the
first devoted to examining the issues of civil liberties and their relevance
to major current events, while providing
historical context and a philosophical discussion of the evolution of
civil liberties. Coverage includes the traditional civil liberties, as well
as privacy, the rights of the accused, and national security. |
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John Ventura. The credit repair handbook : everything you need to know to maintain, rebuild, and protect your credit. Kaplan Pub., 2007. HG3751.7.V46 2007 In The Credit Repair Handbook, consumer debt and bankruptcy expert John Ventura counsels readers on how to identify problems with their credit, rebuild their credit histories and boost their credit scores, and protect their credit from identity thieves. Comprehensive, thorough, and up-to-date, this is the only guide readers will need to get their financial lives back on track. |
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J. A. Patterson, David Crump, Betty Bradley. Health care law. KFT1560.A75H43 2007 This course focuses on important issues in the area of Health Law. Topics include electronic discovery and record retention, recent case law developments, legislative initiatives on the state and federal levels, employment law developments, representing physicians and physician groups, compensation and benefits in healthcare organizations, credentialing and peer review challenges, pharma-provider interactions, fraud and abuse, fair market value in health care transactions, fiduciary duties of officers and directors, risk management issues, ethics, the present impact of expanding health insurance coverage, hospital department co-management arrangements, emergency department disasters, managed care update, and software licenses. |
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David S. Clark, editor Encyclopedia of law & society: American and global perspectives. Sage Publications, c2007. K583.E53 2007 With contributions by James Herget, Professor Emeritus. The Encyclopedia of Law and Society is the largest comprehensive and international treatment of the law and society field. This state-of-the-art resource represents interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics. By globalizing the Encyclopedia's coverage, American and international law and society will be better understood within its historical and comparative context. |
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Jordan J. Paust. Beyond the law: the
Bush Administration's unlawful responses in the War on Terror. KF9625.P38 2007
This book provides a detailed exposition of violations of international law, authorized and abetted by secret memos, authorizations, and orders of the Bush administration. It provides the most thorough documentation of cases demonstrating that the president is bound by the laws of war; that decisions to detain persons, decide their status, and mistreat them are subject to judicial review during the war; and that the commander-in-chief power is subject to restraints by Congress. |
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Joseph A. Vail. Essentials of removal and relief: representing individuals in immigration proceedings. Edited by Stephanie L. Browning American Immigration Lawyers Association, 2006. KF4819.V35 2006
This book provides a detailed process on how to represent clients in immigration proceedings. A historical backdrop of immigration law is covered, as well as the agencies involved and their roles in the process. Perfect for attorneys seeking to represent individuals in immigration matters. |
Case Wayback Machine for
This Month
Powell v. State of
On November 7, 1932, the U.S. Supreme Court handed down its opinion on
this case, better known as the case of the
Scottsboro Boys.
Nine young black men ranging
in age from thirteen to nineteen, known as the “Scottsboro Boys,” were charged
with raping two white girls while riding a freight train. They were seized at
The issue facing the Supreme
Court was whether the defendants had been denied the right of counsel, and
whether that denial was an infringement of the due process clause of the 14th
Amendment. In a 7-2 decision, the Court
found that it was. The Court’s opinion,
written by Justice Sutherland, stated that a defendant “must not be stripped of
his right to have sufficient time to advise with
counsel and prepare his defense.” The
Court said that the right of counsel is a fundamental one, “which no [State]
may disregard.” It also remarked that laymen tend to
lack enough knowledge of the law to adequately defend themselves in court, and
that was compounded in this case because all the defendants were “incapable
adequately of making … own defense because of ignorance, feeble-mindedness, illiteracy, or the like”.
The Court held that, under
the facts before it, “the failure of the trial court to give [the defendants]
reasonable time and opportunity to secure counsel was a clear denial of due
process…[and] the failure of the trial court to make
an effective appointment of counsel was likewise a denial of due process under
the Fourteenth Amendment.” This was
especially true in a capital case, where “it is the duty of the court, whether
requested or not, to assign counsel for [a defendant] as a necessary requisite
of due process of law” because the result of a guilty verdict could mean the
defendant’s being executed.
After the Supreme Court
overturned the defendants’ convictions, the case was remanded back to the state
courts. The defendants were later
retried, and four of them were convicted.
Of those four, one was freed from prison, one was paroled, one escaped from prison, and one was pardoned.
Powell v. State of Alabama was the first major Supreme Court discussion of the
constitutional right to counsel. Its
ruling was limited to the special circumstances surrounding the case – an
ignorant and/or illiterate defendant being charged with a capital crime. The case did not address a defendant’s right
to counsel in a non-capital case. The
Court later extended the right to counsel in Gideon v. Wainwright (372 U.S. 335
(1963)), stating that all indigent defendants charged with any felony have the
right to appointed counsel.
For further reading see Scottsboro; a tragedy of the American South
by Dan T. Carter, published by Louisiana State University Press, 1969 at KF224.S34C3.