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Full-Text Articles in Law
Law School, Law Students, Civic Engagement, And Community-Based Research As Resources For Improving Access To Justice In Utah, James H. Backman
Law School, Law Students, Civic Engagement, And Community-Based Research As Resources For Improving Access To Justice In Utah, James H. Backman
Utah Law Review
Law School students and faculty alike enjoy the opportunity to contribute to new developments for the improvement of access to justice. Too often, our traditional research is published in a law journal and is often unknown to policymakers and community organizations that make an impact on our society and the way our legal system functions. Community-based research conducted by a student with the courts, the bar, legal service providers, and volunteer providers of services is presented in a context in which it can be used by these organizations dedicated to improvement of access to justice.
Equal Justice From A New Perspective: The Need For A First-Year Clinical Course On Public Interest Mediation, David Dominguez
Equal Justice From A New Perspective: The Need For A First-Year Clinical Course On Public Interest Mediation, David Dominguez
Utah Law Review
It really is possible to deliver enough no-cost or low-cost legal problem solving services to provide equal justice. To get there, however, we need to experiment with new strategies and methods to achieve the goal, including the new skill of PIM. My hunch is that if first-year law students can prove to themselves in a clinical setting that public service lawyering can produce a multiplier effect for the greater public good, a new commitment to equal justice will emerge in the legal profession.
The Pendulum Of Justice: Analyzing The Indigent Defendant's Right To Effective Assistance Of Counsel When Pleading Not Guilty At The Plea Bargaining Stage, Tara Harrison
Utah Law Review
Ultimately, Congress should tackle the sexist mentality and sexual escapades of United States troops stationed abroad. Congress should open a serious dialogue with the Pentagon and encourage it to clean up its act, perhaps through incentives. Alternatively, Congress should mandate the Pentagon's compliance by passing legislation expressly forbidding prostitution overseas and providing serious criminal penalties for those who aid in or abet such activity. If these troops decide to have irresponsible sex with women abroad, they should at least be responsible for the children they subsequently create. Imposing childrearing, or at least financial, responsibilities on these troops would provide a …
Justice Will Prevail (With A Little Help From Her Friends): Pro Bono In Utah, Steven B. Scudder
Justice Will Prevail (With A Little Help From Her Friends): Pro Bono In Utah, Steven B. Scudder
Utah Law Review
The Utah State Bar wants more lawyers to work for free. The state's 7,000 lawyers are encouraged to perform fifty hours of free, or pro bono, work each year, but fewer than a third are reporting it when they annually renew licenses. "It's not discouraging, but it's not encouraging," said Brooke Bruno, the bar's pro bono coordinator. The state bar this fall will create a committee, the Utah Access to Justice Council, to study free legal work as well as other issues. "We want to better define the role of pro bono work," bar spokesman Toby Brown said. The American …
Undermining Justice: The Legal Profession's Role In Restricting Access To Legal Representation, Robert R. Keuhn
Undermining Justice: The Legal Profession's Role In Restricting Access To Legal Representation, Robert R. Keuhn
Utah Law Review
The legal profession must cease to be an accomplice in efforts to provide "liberty and justice for some." The profession cannot paradoxically proclaim its commitment to access to legal representation and yet subvert that very goal by imposing restrictions on unpopular clients or types of legal services. If the principles of the legal profession mean anything, then all lawyers, courts, and bar organizations need to fight to ensure access to justice is truly equal and without restrictions.
Access To Justice In Utah: Time For A Comprehensive Plan, Linda F. Smith
Access To Justice In Utah: Time For A Comprehensive Plan, Linda F. Smith
Utah Law Review
This Article argues that an ongoing state planning process should be established to ensure all residents have access to justice in all forums. Many states have established such planning processes and structures that allow courts, bar associations, publicly funded staff programs, other charitable entities, and the branches of government to engage in coordinated design, assessment, and enhancement of legal services for the public. Although much good work is underway in Utah, the lack of coordination and candid assessment mean that many needy Utahns are not served and many services are not available. It is time for an honest study of …
Introduction: Equal Access To Justice In Utah, Scott M. Matheson Jr.
Introduction: Equal Access To Justice In Utah, Scott M. Matheson Jr.
Utah Law Review
This symposium issue of the Utah Law Review is historically significant for several reasons. First, Utah has a rich and interesting history of access to justice, some of which is recounted in the following articles. Second, the University of Utah S.J. Quinney College of Law and more recently the J. Reuben Clark Law School at Brigham Young University have played important roles in that history. Third, and finally, this issue is the most extensive academic account of access to justice in Utah. We hope it is informative and helps point the way to improve access to justice in the future.
The Effects Of Alternative Dispute Resolution On Access To Justice In Utah, James R. Holbrook
The Effects Of Alternative Dispute Resolution On Access To Justice In Utah, James R. Holbrook
Utah Law Review
Thousands of cases are resolved every year in Utah by private and court sponsored mediation and other ADR programs, and ADR utilization trends are moving up every year. Since 1990, over 3600 lawyers and non-lawyers have received mediator training in Utah. Clearly, ADR has a growing positive impact on access to justice in this state. However, it is just as clear that ADR by itself does not satisfy the huge and growing unmet needs of moderate-income, low-income, and poor people for dispute resolution services in this state.