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Full-Text Articles in Law and Society

Rationed Justice, Jennifer M. Smith Jan 2016

Rationed Justice, Jennifer M. Smith

Journal Publications

In the United States, "equal justice under law" is at the very forefront of our American justice system. "Equal justice" is meant to guarantee equal access to the justice system. "Equal access to the judicial process is the sin qua non of a just society." Many Americans, however, do not have any access to the justice system, never mind that of equal access. "Equal justice" has not reached the nation's indigent, or even many of our moderate-income citizens.


Bend Or Break: Enhancing The Responsibilities Of Law Societies To Promote Access To Justice, Richard Devlin Frsc Jan 2016

Bend Or Break: Enhancing The Responsibilities Of Law Societies To Promote Access To Justice, Richard Devlin Frsc

Articles, Book Chapters, & Popular Press

There now appears to be a consensus in Canada that we have a serious access to justice problem. Chief Justices have been vocal. The Governor-General has made an intervention. Legal newspapers and websites have weekly, if not daily, stories on access to justice concerns. There have been several thorough reports which both detail the problems and propose possible paths forward. And one CEO of a national law firm has lamented that “access to justice is the legal profession’s equivalent of global warming.”

However, in my opinion, despite all this alarm, attention, and progress, two key components tend to be missing …