The Ethics of Implementation: Institutional Remedies and the Lawyer's Role

The issue addressed in this article is whether and to what extent a lawyer has an ethical responsibility to pursue implementation of the remedy in institutional reform litigation. Institutional reform litigation refers to cases in which an individual or class of individuals sues a large organization in order to vindicate constitutional or statutory rights. The types of cases with which this article is concerned are the "public law" type, such as school desegregation, prisoners' rights and patients' rights cases, although included under the rubric of institutional reform can be, inter alia, antitrust, reapportionment and bankruptcy cases. The implementation stage of institutional reform litigation arises after an individual or class of individuals prevails at the liability stage, or pursuant to a settlement, and a court orders the defendant organization to change in order to vindicate the plaintiffs' rights. At that point, the defendant organization, whether it be a prison, mental hospital or school district, usually has the burden of implementing the order. One conclusion drawn is that the ethical duty of the lawyer must always be consistent with the lawyer's "special responsibility for the quality of justice."

Excitation and damping of a self-modulated laser wakefield

Spatially, temporally, and angularly resolved collinear collective Thomson scattering was used to diagnose the excitation and damping of a relativistic-phase-velocity self-modulated laser wakefield. The excitation of the electron plasma wave was observed to be driven by Raman-type instabilities. The damping is believed to originate from both electron beam loading and modulational instability. The collective Thomson scattering of a probe pulse from the ion acoustic waves, resulting from modulational instability, allows us to measure the temporal evolution of the plasma temperature. The latter was found to be consistent with the damping of the electron plasma wave.