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Full-Text Articles in Law

Legal Deserts: A Multi-State Perspective On Rural Access To Justice, Lisa R. Pruitt , Amanda L. Kool, Lauren Sudeall Lucas, Michele Statz, Danielle M. Conway, Hannah Haksgaard Dec 2017

Legal Deserts: A Multi-State Perspective On Rural Access To Justice, Lisa R. Pruitt , Amanda L. Kool, Lauren Sudeall Lucas, Michele Statz, Danielle M. Conway, Hannah Haksgaard

Lisa R Pruitt

Rural America faces an increasingly dire access-to-justice crisis, which serves to exacerbate the already disproportionate share of social problems afflicting rural areas. One critical aspect of that crisis is the dearth of information and research regarding the extent of the problem and its impacts. This article begins to fill that gap by providing surveys of rural access to justice in six geographically, demographically, and economically varied states: California, Georgia, Maine, Minnesota, South Dakota, and Wisconsin. In addition to providing insights about the distinct rural challenges confronting each of these states, the legal resources available, and existing policy responses, the article …


Depending On The Kindness Of Strangers: Access To Civil Justice In Canada, Noel Semple Sep 2016

Depending On The Kindness Of Strangers: Access To Civil Justice In Canada, Noel Semple

Noel Semple

‘Abysmal’ was the word used to describe the accessibility of Canadian civil justice in a recent major report. Access to justice is simultaneously a social problem, a professional obligation for the legal profession, and a market opportunity for law firms. Are there any signs of significant progress on any of these fronts? This short Correspondent's report will review recent Canadian efforts to connect people of modest means with the expert legal services they urgently need.


Access To Justice: Is Legal Services Regulation Blocking The Path?, Noel Semple Sep 2016

Access To Justice: Is Legal Services Regulation Blocking The Path?, Noel Semple

Noel Semple

High prices and lack of innovation have placed expert legal services beyond the reach of too many Americans and Canadians. Is legal services regulation exacerbating common law North America’s access to justice problem? Does regulatory maintenance of a unified legal profession, and insulation of that profession from non-lawyer influence, make it more difficult for people here to meet their legal needs? This article argues that, although regulatory liberalization is not a magic bullet for the accessibility of justice, there is strong evidence of a link between regulation and access. North American lawyer regulators need to understand, and work to reduce, …


Standing And Collective Cultural Rights, Ana Filipa Vrdoljak Jan 2016

Standing And Collective Cultural Rights, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

The procedural question of standing has deep implications for the definition and enforcement of cultural rights. Cultural rights have individual and collective elements that can lead to several entities seeking access to justice when these rights are violated. This chapter focuses on the question of standing to explore the contours of existing cultural human rights and possible reparations flowing from their violation. It considers claims by (1) an individual member of the group who has been wronged because of their membership of the group; (2) a collective action brought by the group; and (3) a representative action on behalf of …


Life In The Law-Thick World: The Legal Resource Landscape For Ordinary Americans, Gillian K. Hadfield, Jamie Heine Dec 2015

Life In The Law-Thick World: The Legal Resource Landscape For Ordinary Americans, Gillian K. Hadfield, Jamie Heine

Gillian K Hadfield

Most advanced democracies are thick with law and regulation, rules that structure almost all social and economic relationships. Yet ordinary Americans, unlike their peers in other advanced systems, face this law-thick landscape with relatively few legal resources at their disposal. In this chapter, an updated version of Hadfield Higher Demand Lower Supply? A Comparative Assessment of the Legal Resource Landscape for Ordinary Americans (2009), we document what little data exists on the performance of legal markets for non-corporate clients in the U.S. Our results suggest that while the U.S. has nearly twice as many lawyers as comparable countries on a …


Navigating Legal Cultures: The Limits Of Self-Help For Immigrants At A Law Clinic In Norway, Ana Maria Vargas Falla Jun 2015

Navigating Legal Cultures: The Limits Of Self-Help For Immigrants At A Law Clinic In Norway, Ana Maria Vargas Falla

Ana Maria Vargas Falla

No abstract provided.


Women, Pmscs And International Law, Ana Filipa Vrdoljak Jan 2015

Women, Pmscs And International Law, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

It is deeply ironic that as the implementation and enforcement of international humanitarian law and human rights law has been strengthened, in the last decades, through the establishment of individual complaint procedures, specialist tribunal and courts covering breaches of human rights law, international humanitarian law and international criminal law, there has been an erosion of these principles and protections through the privatisation of governmental and intergovernmental functions. Despite an exponential increase in the contracting out of these activities to PMSCs since 2001, the legal regulation of these companies and their personnel has been slow and fragmented.

The failure of the …


Lending A Learned Hand—With Help From Friends: Utah Pro Bono Update 2014, Jill Jasperson May 2014

Lending A Learned Hand—With Help From Friends: Utah Pro Bono Update 2014, Jill Jasperson

Jill Jasperson

This is a history of pro bono work in Utah since 2006. An article in the 2006 Utah Law Review written by ABA's Steven Scudder criticized Utah’s pro bono efforts. This piece is a follow up to that article heralding the great efforts made by the Utah legal community since then.


The Rule Of Law Goes To Work: How Collective Bargaining May Promote Access To Justice In The U.S., Canada, And Around The World, Christopher David Ruiz Cameron Jul 2013

The Rule Of Law Goes To Work: How Collective Bargaining May Promote Access To Justice In The U.S., Canada, And Around The World, Christopher David Ruiz Cameron

Christopher David Ruiz Cameron

No abstract provided.


Report To The Connecticut Judicial Branch Access To Justice Commission, Melanie B. Abbott, Leslie C. Levin, Stephen Wizner Feb 2013

Report To The Connecticut Judicial Branch Access To Justice Commission, Melanie B. Abbott, Leslie C. Levin, Stephen Wizner

Leslie C. Levin

No abstract provided.


The Cost Of Law: Promoting Access To Justice Through The (Un)Corporate Practice Of Law, Gillian K. Hadfield Dec 2012

The Cost Of Law: Promoting Access To Justice Through The (Un)Corporate Practice Of Law, Gillian K. Hadfield

Gillian K Hadfield

The U.S. faces a mounting crisis in access to justice. Vast numbers of ordinary Americans represent themselves in routine legal matters daily in our over-burdened courts. Obtaining ex ante legal advice is effectively impossible for almost everyone except larger corporate entities, organizations and governments. In this paper, I explain why, as a matter of economic policy, it is essential that the legal profession abandon the prohibition on the corporate practice of law in order to remedy the access problem. The prohibitions on the corporate practice of law rule out the use of essential organizational and contracting tools widely used in …


Multi-Stakeholder Dispute Resolution: Building Social Capital Through Access To Justice At The Community Level, Shahla F. Ali, William E. Davis, Joanna Lee Jun 2010

Multi-Stakeholder Dispute Resolution: Building Social Capital Through Access To Justice At The Community Level, Shahla F. Ali, William E. Davis, Joanna Lee

Shahla F. Ali

The development of systems of multi-stakeholder dispute resolution is increasingly recognized as an objective of good governance by international organizations such as the United Nations Development Program (UNDP). Such objectives arise out of insights based on the dynamics of social capital that community based initiatives cannot succeed where trust is absent and mechanisms for collective decision making do not exist. Yet localized decision making can take many forms – whether distributional, competitive or collaborative. This paper will examine, in particular the impact of collaborative systems of decision making on building social capital through access to justice in local communities. It …


Iqbal And The Slide Toward Restrictive Procedure Jan 2010

Iqbal And The Slide Toward Restrictive Procedure

A. Benjamin Spencer

No abstract provided.


Laidlaw: Redressing The Law Of Redressability, Harold J. Krent Feb 2001

Laidlaw: Redressing The Law Of Redressability, Harold J. Krent

Harold J. Krent

No abstract provided.


Access To Justice In India: Exploring Grassroots Perspectives, Maurya Vijay Chandra Jun 2000

Access To Justice In India: Exploring Grassroots Perspectives, Maurya Vijay Chandra

Maurya Vijay Chandra

Measurement of access to justice has acquired increased significance in South Asia, especially as many national initiatives on access to justice are being funded by international agencies. However, the perspectives of the people at the grassroots nave not sufficiently been explored in either conceptualising access to justice or developing indicators for measuring it. It was with the hope that discussion of these issues mignt provide a fresh insight into measuring access to justice that I conducted 18 focus-group discussions in six towns and cities in India.