Abstract

http://ssrn.com/abstract=923579
 
 

Footnotes (38)



 


 



Sidestepping Lassiter on the Path to Civil Gideon: Civil Douglas


Steven D. Schwinn


John Marshall Law School (Chicago)


Clearinghouse Review, Vol. 40, No. 3-4, pp. 217-222, July-August 2006
U of Maryland Legal Studies Research Paper No. 2006-25

Abstract:     
Civil Gideon advocates have at each turn faced the scourge of Lassiter v. Dep't of Social Services, which established (apparently out of whole cloth) a presumption that indigent litigants are entitled to appointed counsel only when physical liberty is at stake. This article proposes side-stepping that presumption by seeking a right to counsel on appeal via Douglas v. California, not a right to counsel at trial via Gideon v. Wainwright. Once established, a civil right to counsel on appeal would presage the inevitable downfall of Lassiter and the establishment of Civil Gideon. This article poses the argument in federal constitutional terms not to support arguments in the federal courts (where recognition of a categorical civil right to counsel is unlikely), but rather to support arguments under state constitutions, which follow - and which are often more flexible than - the federal constitution.

Number of Pages in PDF File: 7

Keywords: Right to counsel, Gideon, Douglas, Lassiter

Accepted Paper Series


Download This Paper

Date posted: September 12, 2006  

Suggested Citation

Schwinn, Steven D., Sidestepping Lassiter on the Path to Civil Gideon: Civil Douglas. Clearinghouse Review, Vol. 40, No. 3-4, pp. 217-222, July-August 2006; U of Maryland Legal Studies Research Paper No. 2006-25. Available at SSRN: http://ssrn.com/abstract=923579

Contact Information

Steven D. Schwinn (Contact Author)
John Marshall Law School (Chicago) ( email )
315 South Plymouth Court
Chicago, IL 60604
United States
312.386.2865 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 917
Downloads: 109
Download Rank: 147,474
Footnotes:  38

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.235 seconds