Taking out the Adversary: The Assault on Progressive Public-Interest Lawyers

David Luban

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Legal Education and Practice Innovations Law, Rights, and Freedoms Legal Systems and Judicial Processes

Abstract

This Essay concerns laws and doctrines, some very recent, that undermine the capacity of progressive public-interest lawyers to bring cases. It asks a simple-sounding question: how just is the adversary system if one side is not adequately represented in it? And it defends a simple-sounding answer: It is not just at all. As we shall see, however, neither the question nor the answer is quite as simple as it sounds.

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