Please join us in congratulating the following Note Candidates for being selected to have their Note published in Volume 52 of the Indiana Law Review!
In Gideon v. Wainwright, the Supreme Court held that all criminal defendants facing serious criminal charges are entitled to the assistance of counsel, regardless of whether they can afford an attorney. In the years since Gideon, however, the provision of public defense to those who cannot afford counsel has fallen far short of the ideal expressed in Gideon that “every defendant stands equal before the law.” The failure of public defense systems to provide adequate representation to indigent defendants is often caused by severe underfunding and has resulted in the chronic appointment of “incompetent or inexperienced” counsel; delays in the appointment of counsel and discontinuity of attorney representation; a lack of training and oversight for counsel representing indigent defendants; excessive public defender caseloads and understaffing of public defender offices; inadequate or nonexistent expert and investigative resources for defense counsel; and a lack of meaningful attorney-client contact.
One response to these failings—as is often the case when constitutional violations are afoot—has been to challenge them in court. The focus of this short Article is on how the courts can address and have addressed the failings of underfunded and structurally flawed indigent defense systems. More specifically, it explores lawsuits that identify systemic failures—such as underfunding, excessive caseloads, and inadequate training and oversight—and seeks system-wide remedies capable of transforming the provision of defense services.
Roger Owen DeBruler died on February 13, 2017, at the age of eighty-two. He was the longest serving justice on the Indiana Supreme Court during the twentieth century – the third longest serving justice ever – and his influence on Indiana jurisprudence is pervasive. I had the great good fortune to serve on the Court during the final three years of his tenure and am honored that the Indiana Law Review has asked me to prepare a tribute to him for publication.
The Indiana Law Review is pleased to announce the following members have been selected for its Volume 52 Editorial Board. We look forward to their leadership and contributions to legal scholarship throughout the 2018-19 academic year. Congratulations!
J. Mitchell Tanner, Editor-in-Chief
Nicole Dobias, Executive Managing Editor
Riley Parr, Executive Notes Editor
Carla Uhlarik, Senior Executive Editor
Courtney Abshire, Executive Articles Editor
Amelia Marvel, Executive Articles Editor
Sarah Correll, Symposium Editor
Henry Robison, Executive Online Editor
Note Development Editors:
E. Ryan Shouse
There is convincing evidence that persons in nursing homes, even persons with dementia in its later stages, benefit physically, mentally, and emotionally from close contact with loved ones, including conversation, touch, hugs and embraces, kissing, and sex. Nevertheless, nursing homes often discourage ongoing intimate relationships because of logistical, financial, and other considerations.
At its core, public health is concerned with promoting and protecting the health of populations. However, public health has often times been used to subvert the very same goals it is designed to achieve.