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Full-Text Articles in Law
Equal Access To Justice: Comparing Access To Justice In The United States And Other Industrial Democracies, Justice Earl Johnson, Jr.
Equal Access To Justice: Comparing Access To Justice In The United States And Other Industrial Democracies, Justice Earl Johnson, Jr.
Fordham International Law Journal
It is time--long past time--for the United States to join the growing international consensus that words like “due process,” “fair hearing,” “equal protection of the laws,” and “equality before the law,” all express a universal principle--a right to equal justice to be enjoyed by everyone. And, as the European Court on Human Rights pointed out, if this right is to be “practical and effective,” and not merely “theoretical or illusory,” then for those unable to afford counsel, the right to equal justice must include the right to a lawyer supplied by government. Why is this so important? As the European …
The Delivery Of Civil Legal Aid Services In South Africa, David J. Mcquoid-Mason
The Delivery Of Civil Legal Aid Services In South Africa, David J. Mcquoid-Mason
Fordham International Law Journal
This paper is intended to deal with the different methods of delivering civil legal aid services in South Africa. Before doing so, however, brief mention will be made of the structure of the legal profession and the impact of the new South African Constitution (or "Constitution"), as both have influenced the development of legal aid services in the country. Mention in passing will also be made to special procedures and courts that can be used to access justice in civil matters.
Access To Justice In Lithuania, Linas Sesickas
Access To Justice In Lithuania, Linas Sesickas
Fordham International Law Journal
This article examines the state of the Lithuanian legal system ten years after its independence and offers suggestions for reforms that would increase citizens' access to justice. The article addresses issues arising from the increasing legal and economic complexity of Eastern Europe and the corresponding increased need for legal advice. Finally, the article notes the difficulty in acheiving individualism and human rights goals while socio-economic disparity is increasing.
Welcoming Remarks: The Paris Bar: Access To Justice And Access To Legal Advice, Franics Teitgen
Welcoming Remarks: The Paris Bar: Access To Justice And Access To Legal Advice, Franics Teitgen
Fordham International Law Journal
Francis Teitgen, Batonnier of the Paris Bar Assocation, gave welcoming remarks on April 7, 2000, and discussed France's system for provision of legal aid services. He began by describing the history of legal aid in France. He then discussed the role of the Paris Bar Association in providing access to legal representation to those who could not otherwise afford it. Mr. Teitgen then discussed the process by which incarcerated individuals access lawyers. He also described a free legal consultation system run by the Paris Bar. He concluded by discussing new initiatives the Paris Bar is spearheading to increase access to …
An Overview Of Civil Legal Services Delivery Models, Edwin Rekosh, Pascal Dourneau-Josette, Daniel L. Greenberg, David J. Mcquoid-Mason, Anne Owers
An Overview Of Civil Legal Services Delivery Models, Edwin Rekosh, Pascal Dourneau-Josette, Daniel L. Greenberg, David J. Mcquoid-Mason, Anne Owers
Fordham International Law Journal
The panel, moderated by Edwin Rekosh, discussed access to civil legal aid in various contexts. Pascal Dourneau-Jostte described the French system of legal aid, as well as the European Court of Human Right's methods of providing free legal services. Daniel McQuoid-Mason described the civil legal aid system in South Africa; he noted that only 20% of the country's legal aid goes to civil aid. Anne Owers discussed civil legal aid in the UK. Daniel Greenberg gave an overview of civil legal aid in the United States.
The Effect Of Globalization On Domestic Legal Services, Michael Dowdle, E. Clinton Bamberger, Dorchen Leidholdt, Filipe Gonzalez Morales, Lucie White
The Effect Of Globalization On Domestic Legal Services, Michael Dowdle, E. Clinton Bamberger, Dorchen Leidholdt, Filipe Gonzalez Morales, Lucie White
Fordham International Law Journal
Globalization, in the context of this panel, refers to international, trans-border processes which are not regulated by the international legal framework, either private law or public international law. These processes, these unregulated influences, are having both positive and negative effects and affecting aspects of culture and society which had previously been considered domestic or wholly domestic concerns. This is creating a tension within both the domestic and international environments, and it is this particular tension that this panel seeks to address.
E. Clinton Bamberger, Emeritus Professor of Law, University of Maryland Law School, will speak about how domestic systems in …
Reception, Justice Juanita Bing Newton
Reception, Justice Juanita Bing Newton
Fordham International Law Journal
Justice Juanita Bing Newton, Deputy Chief Administrative Judge for Justice Initiatives for the State of New York, welcomes participants to a reception. She described her position and her role in spearheading access to justice initiatives in New York.
Welcoming Remarks: April 8, 2000, Michel Gout
Welcoming Remarks: April 8, 2000, Michel Gout
Fordham International Law Journal
Michel Gout welcomed participants and described access to justice initiatives in the European Union. He discussed various instruments in European Union law that ensure access to justice (European Court of Justice, Court of First Instance, European Court of Human Rights, Brussels Convention Article 44, Hague Convention 2 Relating to Civil Procedures, Hague Convention 99 on Access to Justice, and Agreement of the COuncil of Europe on Transmission for Applications to Legal Aid). Mr. Gout described the successes of these instruments, and also the obstacles the European Union still faces in providing legal aid for its citizens.
Closing Address, April 8, 2000, Vincent Saldanha
Closing Address, April 8, 2000, Vincent Saldanha
Fordham International Law Journal
Vincent Saldanha thanked the participants for attending the conference. He noted that it is also an uncomfortable situation to presume to speak on behalf of the poor, as the poor are neither voiceless nor invisible. He noted, however, that the discussions over the previous days were devoid of arrogance and patronage. He went on to note that, despite the many international perspectives presented at the conference, there were a great deal of commonalities between the issues facing those who provide legal services for indigent populations. Mr .Saldanha argued that there is a fundamental right to justice, and noted that this …