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2016

Access to justice

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Full-Text Articles in Law

How Ontarians Experience The Law: An Examination On Incidence Rate, Seriousness And Response To Legal Problems, Matthew Dylag Dec 2016

How Ontarians Experience The Law: An Examination On Incidence Rate, Seriousness And Response To Legal Problems, Matthew Dylag

LLM Theses

Access to civil justice is a conceptual framework that, at its most basic, claims all people are entitled to have their legal disputes resolved fairly. However, it is currently understood that these ideals are not reflected in the day-to-day realities of ordinary people. Though scholarship has examined ways in which to better allow for meaningful access to civil justice, there is still a need for further quantitative research especially from the Canadian perspective. This paper provides an empirical foundation to this discussion by examining the 2014 Cost of Justice project survey. Specifically, it examines the incidence rate of civil legal …


Access To Justice And Small Claims Courts: Supporting Latin American Civil Reforms Through Empirical Research In Los Angeles County, California, Ricardo Lillo Nov 2016

Access To Justice And Small Claims Courts: Supporting Latin American Civil Reforms Through Empirical Research In Los Angeles County, California, Ricardo Lillo

Ricardo Lillo

The purpose of this article is to provide an analysis on the use of Small Claims Courts as a mechanism to improve access to justice in order to support the ongoing reform movement in Latin-American countries in civil matters. In this region, this essential information is intended to be used by policymakers to help judiciaries to confront several barriers that currently face common citizens: lack of information, high economic cost of the judicial process and obtaining legal representation, corruption, extreme formalism, delays, and even the geographical location of the courts. The experience on the implementation of the Small Claims Courts …


Spreading Justice To Rural Montana: Expanding Local Legal Services In Underserved Rural Communities, Hillary A. Wandler Oct 2016

Spreading Justice To Rural Montana: Expanding Local Legal Services In Underserved Rural Communities, Hillary A. Wandler

Montana Law Review

No abstract provided.


Contract And Property Law—Fee-Shifting Statutes And Landlord-Tenant Law—A Call For The Repeal Of The English Rule "Loser Pays" System Regarding Contract Disputes And Its Effect On Low-Income Arkansas Tenants, Stephanie Mantell Oct 2016

Contract And Property Law—Fee-Shifting Statutes And Landlord-Tenant Law—A Call For The Repeal Of The English Rule "Loser Pays" System Regarding Contract Disputes And Its Effect On Low-Income Arkansas Tenants, Stephanie Mantell

University of Arkansas at Little Rock Law Review

No abstract provided.


Florida A&M University Law Review Induction Ceremony, 2016-2017, Chief Judge Frederick J. Lauten Sep 2016

Florida A&M University Law Review Induction Ceremony, 2016-2017, Chief Judge Frederick J. Lauten

Florida A&M University Law Review Events

These remarks were presented by Chief Judge Frederick J. Lauten of the Ninth Judicial Circuit of Florida at the occasion of the Induction of new members of the Florida A & M University Law Review on September 9, 2016.

Key topics addressed by Chief Judge Lauten include access to justice, the impact of technology on the practice of law, and the challenge to pursue lifelong learning.


Educating Main Street Lawyers, Luz E. Herrera Sep 2016

Educating Main Street Lawyers, Luz E. Herrera

Luz Herrera

Discussion about the value of a law degree has focused on the financial success of lawyers. Both defenders and critics of the existing legal education model largely ignore the implications that the cost of legal education and high lawyer fees have on access to justice. While a lawyer’s ability to make a decent living must be addressed when determining the value of a legal education, we fail to take into account the fact that there are millions of individuals in the U.S. who cannot find a lawyer to represent them when they need one. For advocates who believe that our …


Personal Plight Legal Practice And Tomorrow's Lawyers, Noel Semple Sep 2016

Personal Plight Legal Practice And Tomorrow's Lawyers, Noel Semple

Noel Semple

Commentators have predicted that machine intelligence and off-shoring will steadily undermine demand for lawyers in North America and Europe. This essay argues that this prediction is not equally valid for all types of legal practice. Personal plight practice — in which lawyers help individuals and small businesses involved in legal disputes — is largely sheltered from computerization and off-shoring. The article calls for the profession and legal educators to open doors between tomorrow’s lawyers and personal plight legal practice. Doing so will not only address the economic insecurity confronting tomorrow’s lawyers, but also enhance access to justice.


Uncitral And The Enforceability Of Imsas: The Debate Heats Up, Nadja Alexander, Anna Luisa Howard, Dorcas Quek Anderson Sep 2016

Uncitral And The Enforceability Of Imsas: The Debate Heats Up, Nadja Alexander, Anna Luisa Howard, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

This is a first of four in a series of blog posts on Kluwer Mediation Blog. They were published in conjunction with the the 65th session of the UNCITRAL Working Group II on arbitration and conciliation. The Working Group has turned its attention to the settlement of commercial disputes and in particular on the preparation of an instrument on the enforcement of international commercial settlement agreements resulting from conciliation. (Note that in UNCITRAL speak, the term ‘conciliation’ is used interchangeably with ‘mediation’. ) In terms of the type of instrument, the Working Group is considering the possibility of a convention, …


Silencing Gideon's Trumpet: The Plight Of The Indigent Prisoner, Allison I. Connelly Jul 2016

Silencing Gideon's Trumpet: The Plight Of The Indigent Prisoner, Allison I. Connelly

Allison Connelly

In this newsletter article, Professor Connelly discusses the difficulties faced by indigent prisoners in gaining access to the justice system.


Access To Justice In Latin America: A Changing Legal Landscape, Joan Vermeulen Jul 2016

Access To Justice In Latin America: A Changing Legal Landscape, Joan Vermeulen

Wilf Impact Center for Public Interest Law

No abstract provided.


Justice, Justice Shall Ye Pursue, Honorable Jonathan Lippman Jul 2016

Justice, Justice Shall Ye Pursue, Honorable Jonathan Lippman

Wilf Impact Center for Public Interest Law

No abstract provided.


The Civil Legal Aid Movement: 15 Initiatives That Are Increasing Access To Justice In The United States, David Udell Jul 2016

The Civil Legal Aid Movement: 15 Initiatives That Are Increasing Access To Justice In The United States, David Udell

Wilf Impact Center for Public Interest Law

No abstract provided.


Pro Pro Bono: Volunteer Lawyers Are An Essential Part Of Access To Civil Justice, Amy Barasch, Esq. Jul 2016

Pro Pro Bono: Volunteer Lawyers Are An Essential Part Of Access To Civil Justice, Amy Barasch, Esq.

Wilf Impact Center for Public Interest Law

No abstract provided.


The Downside Of Disruption: The Risks Associated With Transformational Change In The Delivery Of Legal Services, Raymond H. Brescia Jul 2016

The Downside Of Disruption: The Risks Associated With Transformational Change In The Delivery Of Legal Services, Raymond H. Brescia

Wilf Impact Center for Public Interest Law

No abstract provided.


Tort Reform: Blocking The Courthouse Door And Denying Access To Justice, Joanne Doroshow Jul 2016

Tort Reform: Blocking The Courthouse Door And Denying Access To Justice, Joanne Doroshow

Wilf Impact Center for Public Interest Law

No abstract provided.


Access To Justice In Buffalo And Beyond: Making The Justice System More Welcoming For Refugees, Fidèle Menavanza, Ms, Llb Jul 2016

Access To Justice In Buffalo And Beyond: Making The Justice System More Welcoming For Refugees, Fidèle Menavanza, Ms, Llb

Wilf Impact Center for Public Interest Law

No abstract provided.


Why A Right: The Right To Counsel And The Ecology Of Housing Justice, Andrew Scherer Jul 2016

Why A Right: The Right To Counsel And The Ecology Of Housing Justice, Andrew Scherer

Wilf Impact Center for Public Interest Law

No abstract provided.


Access To Justice Is More Than The Right To Counsel: The Role Of The Judge In Assisting Unrepresented Litigants, Paris R. Baldacci Jul 2016

Access To Justice Is More Than The Right To Counsel: The Role Of The Judge In Assisting Unrepresented Litigants, Paris R. Baldacci

Wilf Impact Center for Public Interest Law

No abstract provided.


Expanding Access To Justice: Alternatives To Full Representation In New York State, Randal Jeffrey Jul 2016

Expanding Access To Justice: Alternatives To Full Representation In New York State, Randal Jeffrey

Wilf Impact Center for Public Interest Law

No abstract provided.


Filling The Gaps: Another Way To Tackle The Access To Justice Crisis, Karen Simmons Jul 2016

Filling The Gaps: Another Way To Tackle The Access To Justice Crisis, Karen Simmons

Wilf Impact Center for Public Interest Law

No abstract provided.


Denying Access To Justice During A Carceral Crisis, Brett Dignam Jul 2016

Denying Access To Justice During A Carceral Crisis, Brett Dignam

Wilf Impact Center for Public Interest Law

No abstract provided.


The Fight For Justice In Housing Court: From The Bronx To A Right To Counsel For All New York City Tenants, Susanna Blankley Jul 2016

The Fight For Justice In Housing Court: From The Bronx To A Right To Counsel For All New York City Tenants, Susanna Blankley

Wilf Impact Center for Public Interest Law

No abstract provided.


Bringing Law To The Community: Facilitating Access To Justice In Metropolitan Detroit, Beth Applebaum, Jan Bissett, Michelle Lalonde, Michael Samson, Virginia Thomas Jun 2016

Bringing Law To The Community: Facilitating Access To Justice In Metropolitan Detroit, Beth Applebaum, Jan Bissett, Michelle Lalonde, Michael Samson, Virginia Thomas

Library Scholarly Publications

Wayne County is Michigan’s most populous county with 1.775 million residents and its county seat in Detroit. Unlike many other counties throughout the state, Wayne county does not provide a government-supported law library to serve its residents. The Arthur Neef Law Library which serves the Wayne State University Law School has a long-standing tradition of opening its doors to provide legal research services and resources to members of the community.

A fundamental mission of the Law Library, as well as the entire University, is “…meaningful engagement in its urban community”. Legal professionals, students and faculty from other educational institutions, and …


Online Case Resolution Systems: Enhancing Access, Fairness, Accuracy, And Efficiency, Maximilian A. Bulinski, J.J. Prescott May 2016

Online Case Resolution Systems: Enhancing Access, Fairness, Accuracy, And Efficiency, Maximilian A. Bulinski, J.J. Prescott

Michigan Journal of Race and Law

Online case resolution (OCR) systems have the potential to dramatically increase access to our justice system. Part I introduces the concept of an OCR system, how it might work in practice, and its likely impact on courts and citizens. Part II argues that OCR systems can lower many of the barriers to going to court by reducing the need for face-to-face resolution of disputes; cutting the amount of time needed for hearings; mitigating litigant confusion and fear; allowing asynchronous scheduling that can accommodate work and child-care schedules; and offering a more reliable and easier-to-use means for litigants to voice their …


Law School Based Incubators And Access To Justice – Perspectives From Deans, Patricia E. Salkin, Ellen Suni, Niels Schaumann, Mary Lu Bilek Apr 2016

Law School Based Incubators And Access To Justice – Perspectives From Deans, Patricia E. Salkin, Ellen Suni, Niels Schaumann, Mary Lu Bilek

Patricia E. Salkin

At the end of February 2015, law professors, law deans, incubator staff and attorneys, and self-selected others gathered at California Western School of Law for the Second Annual Conference on Law School Incubators and Residency Programs. The incubators that are the subject of this article tend to focus on transition to law practice and access to justice, and some are also working to incorporate technology for the practice of law as a means of enhancing access to justice. As more law schools decide to host, sponsor or offer an incubator, and following our panel discussion at the February 2015 incubator …


Having A Say: Democracy, Access To Justice And Self-Represented Litigants, Jennifer Ann Leitch Apr 2016

Having A Say: Democracy, Access To Justice And Self-Represented Litigants, Jennifer Ann Leitch

PhD Dissertations

Access to Justice is one of the most contested issues on the law-and-society agenda. There is a long-standing exchange over its meaning, objectives, and success. Beneath that engagement, there is a deeper and more basic debate about the overall ambitions for access to justice: is the goal to improve peoples access to the legal process and generate more positive outcomes (the practical thesis), or to enhance peoples participation and ultimately their ability to affect justice as an end in itself (the democratic thesis)? This thesis adopts the latter approach.

The plight of self-represented litigants (SRLs) offers a revealing glimpse into …


It’S A Sin To Kill A Mockingbird: The Need For Idealism In The Legal Profession, Jonathan A. Rapping Apr 2016

It’S A Sin To Kill A Mockingbird: The Need For Idealism In The Legal Profession, Jonathan A. Rapping

Michigan Law Review

“[T]he first thing I lost in law school was the reason that I came.” This prescient quote by an unnamed law student defines, in a single sentence, our growing problem in training lawyers. From the moment he or she steps foot in a law school classroom, the future lawyer feels a strong pull to pursue a career that has nothing to do with justice. The law school experience will discourage the future lawyer from pursuing a career advocating for those in society who most need a voice. Once graduated, the young lawyer will enter a world where he or she …


Who Is Responsible For The Stealth Assault On Civil Rights?, Samuel R. Bagenstos Apr 2016

Who Is Responsible For The Stealth Assault On Civil Rights?, Samuel R. Bagenstos

Michigan Law Review

Staszak’s book does a great service in demonstrating the extent of the stealth assault on civil-rights litigation. As Staszak shows, procedural and remedial decisions fly under the public’s radar, but they have exceptionally important consequences. Indeed, one can draw a clear line between judicial decisions on such obscure topics as standing and qualified immunity and the persistent acts of police misconduct that have aroused great public concern in recent months. Any effort to ensure that civil-rights protections make a concrete difference in people’s lives must attend to the procedural and remedial issues Staszak discusses.


A Custom Tailored Form Of Post-Graduate Legal Training: The Rhode Island Center For Justice, Robert Mccreanor Jan 2016

A Custom Tailored Form Of Post-Graduate Legal Training: The Rhode Island Center For Justice, Robert Mccreanor

Journal of Experiential Learning

No abstract provided.


Incubating Community Law Practices: Post-Graduate Models For Lawyer Training And Access To Law, Luz E. Herrera Jan 2016

Incubating Community Law Practices: Post-Graduate Models For Lawyer Training And Access To Law, Luz E. Herrera

Journal of Experiential Learning

No abstract provided.