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Litigation

Due process

University of Michigan Journal of Law Reform

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Taking The English Right To Counsel Seriously In American Civil Gideon Litigation, Scott F. Llewellyn, Brian Hawkins Apr 2012

Taking The English Right To Counsel Seriously In American Civil Gideon Litigation, Scott F. Llewellyn, Brian Hawkins

University of Michigan Journal of Law Reform

Courts have rejected a right to counsel for indigent civil litigants under the U.S. Constitution. But in some American states, that right arguably already exists as a matter of common law, albeit derived from centuries-old English common and statutory law. This Article analyzes the viability of arguments for incorporating the old English right to counsel in the twenty-seven American states that continue to recognize old English common and statutory law as a source of binding authority. Such "originalist" arguments may be appealing to judges who are more willing to revive a historically based right than establish a new right based …


Preclusion And Procedural Due Process In Rule 23(B)(2) Class Actions, Mark C. Weber Apr 1988

Preclusion And Procedural Due Process In Rule 23(B)(2) Class Actions, Mark C. Weber

University of Michigan Journal of Law Reform

This Article examines whether Rule 23(b)(2) violates the procedural due process rights of absent class members by binding them to the judgment in a class case without notice of the suit. It concludes that the Rule almost certainly violates due process and proposes a reform that would permit nonbinding class actions similar to the old "spurious" class suits.


The Emerging Right Of Legal Assistance For The Indigent In Civil Proceedings, Jeffrey M. Mandell Jan 1976

The Emerging Right Of Legal Assistance For The Indigent In Civil Proceedings, Jeffrey M. Mandell

University of Michigan Journal of Law Reform

After the Supreme Court declared in Gideon v. Wainwright that indigents have a constitutional right to appointed counsel in criminal cases, attention turned to the possibility that a similar right could be found for civil litigants. Although there is no explicit constitutional guarantee of counsel for the civil litigant, the due process clause, which protects property rights as well as personal freedoms, arguably mandates that there be a right to professional representation of all citizens in all courts. The inability of most laymen to effectively present even a rudimentary case on their own behalf indicates that without counsel a meaningful …