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Preserving civil liberties

April 2004 | Volume 40, Issue 4

Civil liberties in an age of terrorism
Richard A. Glenn

The long-standing fault lines between liberty and security are shaking again in the debate over the USA PATRIOT Act. Critics charge that the act, touted as a way to round up terrorists, dangerously expands the government’s power to encroach on individual rights. New litigation could point to solutions that protect both freedom and safety.

Chipping at the core of justice
John Vail and Jane Perkins

One of our most cherished rights is the one to seek redress of grievances in court. But recent Supreme Court decisions suggest that some wrongs don’t deserve a remedy. The loss to plaintiffs is obviously great. The loss to society, even greater.

Fairness at the ballot box
Erwin Chemerinsky

The 2000 presidential election highlighted the fact that when it comes to voting-booth technology, some voters are more equal than others. Court cases in several states are challenging the use of less reliable voting methods and seeking remedies to ensure that every vote is counted.

Hope for civil rights
Craig T. Jones

Alabama inmate Larry Hope’s suit against a prison for its brutal punishment tactics is a landmark in civil rights litigation. In Hope v. Pelzer, the Supreme Court turned qualified immunity on its head and laid down a new standard for government-exemption cases that is fair to both plaintiffs and defendants.

Guilty without charge
Ira P. Robbins

Unindicted coconspirators have not been convicted of anything, but they might as well have been, given the damage to their reputations when their names are made public. Prosecutors violate due process by naming these people. Proposed changes would reinvigorate the grand jury’s function of protecting the innocent.

Feature

Immigrants’ right to workers’ comp
Rebecca Smith

Many undocumented immigrants perform dangerous jobs, and fear of deportation keeps them at the mercy of their employers and frightened of any government authority. But when they’re injured at work, their immigration status should not prevent them from receiving workers’ comp benefits.

Select the right jury for your case
Dan Christensen

A biased jury can really ruin your day—and your trial. What’s the best way to weed out potentially prejudiced jurors? Frame your questions the right way, depending on whether the potential juror appears friendly or hostile to your client’s claim. Here are some specific strategies for accomplishing your voir dire goals, even when the rules limit your time.

News & Trends

Immune-system injuries prompt suits over arthritis drugs

Utah court rejects bid to limit contingent fees

Federal class action calls Wal-Mart a ‘criminal enterprise’

New Jersey bar disavows court-annexed arbitration

Indiana curfew struck down by Seventh Circuit—for now

Fifth Circuit sinks claims of disabled cruise-ship passengers

To reach settlement, lawyer must have ‘actual authority’

Father who didn’t see son’s accident can sue for emotional distress

Wisconsin court finds mother liable for teen’s fatal drinking binge

Dairy farmers no longer must ask: ‘Got milk?’

Florida lawyer sues court reporters for fudging margins

Departments

President’s page
A promise kept

Supreme Court review
The rights of 'enemy combatants'

Reflections
A lawyer's view from the jury box

Hearsay

Books

An Air that Kills
by Andrew Schneider and David McCumber

Situational Mediation
by Oliver Ross

Classifieds

Classifieds

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Balancing the Scales of Justice
American Association for Justice
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