Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Access to courts

Discipline
Institution
Publication Year
Publication
Publication Type
File Type

Articles 1 - 22 of 22

Full-Text Articles in Law

2021: How Gender And Race Affect Justice Now - Final Report, Justice Sheryl Gordon Mccloud, Dana Raigrodski, Sierra Rotakhina, Kelley Amburgey-Richardson Jan 2021

2021: How Gender And Race Affect Justice Now - Final Report, Justice Sheryl Gordon Mccloud, Dana Raigrodski, Sierra Rotakhina, Kelley Amburgey-Richardson

Books

In 1989, the Washington Supreme Court’s Task Force on Gender and Justice in the Courts produced a groundbreaking report on the impact of gender on selected areas of the law. It concluded that gender did affect the availability of justice. We – the Washington State Supreme Court Gender and Justice Commission – are a product of that report and its recommendations. Now, in 2021, we have completed our follow-up study.

Our legal and social science research, our data collection, and our independent pilot projects all led us to the same frustrating conclusion about the effect of gender in Washington State …


Kadhi's Courts And Kenya's Constitution: An International Human Rights Perspective, Joseph M. Isanga Mar 2018

Kadhi's Courts And Kenya's Constitution: An International Human Rights Perspective, Joseph M. Isanga

Joseph Isanga

This article examines Kenya's international human rights obligations and finds that there is support for religious courts, provided relevant human rights guarantees are ensured. Kenya's Kadhi's courts have existed in the constitution since independence from the British. So why do some religious groups now oppose them or their enhancement under Kenya's Constitution? Opponents of Kadhi's courts advance, inter aha, the following arguments. First, Kadhi's courts provisions favour one religion and divide Kenyans along religious lines. Second, they introduce Sharia law. Third, the historical reasons for their existence have been overtaken by events. Fourth, non-Muslims shouldn't be taxed to fund a …


Blocking The Courts: The Trump Triple Threat, Joanne Doroshow Jan 2017

Blocking The Courts: The Trump Triple Threat, Joanne Doroshow

Other Publications

No abstract provided.


Rights Without Remedies, Adam Lamparello Nov 2015

Rights Without Remedies, Adam Lamparello

Adam Lamparello

The Court should modify the standing doctrine in some contexts for the same reason that, in Shelby County, it invalidated two provisions of the Voting Rights Act: the legislature cannot and will not fix the problem. No legal doctrine should be applied without examining whether elected representatives are capable of remedying specific harms and accounting for the relative unfairness in democratic governance. When the traditional standing requirements are rigidly applied without considering these factors, the Court undermines the separation of powers and prevents sound judicial decision-making. In essence, rigid application of the standing doctrine sends a message to litigants …


Summary Of Jones V. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 53, Kylee Gloekner Jul 2014

Summary Of Jones V. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 53, Kylee Gloekner

Nevada Supreme Court Summaries

The Court determined (1) whether a criminal defendant’s access to the courts can be restricted by the district court when he or she is challenging a judgment of conviction and sentence or the computation of time served under a judgment of conviction; and (2) whether there is an established approach courts should take when restricting the access.


The Sky Is Falling (Again): Evaluating The Current Funding Crisis In The Judiciary, Donald E. Campbell Jan 2013

The Sky Is Falling (Again): Evaluating The Current Funding Crisis In The Judiciary, Donald E. Campbell

Journal Articles

This Article will consider the current crisis in a broad historical context. This larger narrative can provide a helpful perspective in the current debate. It offers a glimpse into how we came to the current system and allows us to question our assumptions regarding the way the system currently works. Historical context is an important (and under-discussed) aspect of this crisis. As the leaders of the bench and bar come together to evaluate changes to the current system, the discussion should begin with understanding how the system evolved to where it is now and with appreciating the fact that the …


Judicial Review For Enemy Fighters: The Court’S Fateful Turn In Ex Parte Quirin, The Nazi Saboteur Case, Andrew Kent Jan 2013

Judicial Review For Enemy Fighters: The Court’S Fateful Turn In Ex Parte Quirin, The Nazi Saboteur Case, Andrew Kent

Faculty Scholarship

The emerging conventional wisdom in the legal academy is that individual rights under the U.S. Constitution should be extended to noncitizens outside the United States. This claim - called globalism in my article - has been advanced with increasing vigor in recent years, most notably in response to legal positions taken by the Bush administration during the war on terror. Against a Global Constitution challenges the textual and historical grounds advanced to support the globalist conventional wisdom and demonstrates that they have remarkably little support. At the same time, the article adduces textual and historical evidence that noncitizens were among …


Electronic Discovery And The Constitution: Inaccessible Justice, Jennifer M. Smith Jan 2012

Electronic Discovery And The Constitution: Inaccessible Justice, Jennifer M. Smith

Journal Publications

Computers are the cynosure of American society. As a result, most information is stored electronically and only a small amount of information ever becomes a paper document. This explosion of electronically stored information has affected every aspect of society, including the court system. Litigation is drastically different than a few years ago due to this onset of electronically stored information. The discovery of electronically stored information in litigation has become known as electronic discovery. For many, electronic discovery is expensive and complicated, and thus, litigants are settling frivolous cases to avoid the costs and complexities of engaging in discovery to …


Understanding The Exceptional And Dynamic Nature Of Boumediene Rights To Court Access, Andrew Kent Jan 2012

Understanding The Exceptional And Dynamic Nature Of Boumediene Rights To Court Access, Andrew Kent

Faculty Scholarship

This short piece replies to Professor Steve Vladeck's comments on my essay 'Do Boumediene Rights Expire?' 161 U. Pa. L. Rev. Pennumbra 20 (2012), available at http://ssrn.com/abstract=2166103. In this reply, I further develop the argument that Boumediene rights to court access may have expired for those Guantanamo detainees determined through habeas litigation to be enemy fighters; and whether these judicially-confirmed enemy fighters have continuing rights court access under Boumediene goes to the federal courts' subject matter jurisdiction, meaning that the Obama administration's concession of continued court access is inoperative and federal courts must sua sponte raise and decide the issue.


Ghostwriting: Filling In The Gaps Of Pro Se Prisoners’ Access To The Courts, Ira P. Robbins Oct 2010

Ghostwriting: Filling In The Gaps Of Pro Se Prisoners’ Access To The Courts, Ira P. Robbins

Ira P. Robbins

Compared with other litigants, pro se prisoners are at an inherent disadvantage when they try to vindicate their rights. They lack many of the resources enjoyed by non-prisoner litigants. They have limited finances and limited access to legal-research materials. Even if they had such access, their illiteracy would lessen its effectiveness. Moreover, many attorneys are unwilling or unable to undertake full representation of prisoner litigants. As a result, pro se prisoners struggle to navigate the complex legal system, often losing their cases on procedural grounds before ever reaching a decision on the merits. This Article argues that, in order to …


Pleading Their Case: How Ashcroft V. Iqbal Extinguishes Prisoners’ Rights, Maureen Brocco Aug 2010

Pleading Their Case: How Ashcroft V. Iqbal Extinguishes Prisoners’ Rights, Maureen Brocco

Maureen Brocco

Ashcroft v. Iqbal, decided on May 18, 2009, increased the evidentiary burden required to survive a Federal Rule of Civil Procedure 12(b)(6) (“Rule 12(b)(6)”) motion to dismiss to a strict plausibility standard. While this decision affects almost all civil claims in the federal court system, its impact is particularly troublesome in the realm of prisoners’ rights litigation. For a prisoner, such onerous pre-litigation fact-finding requirements can turn the administration of justice into an unattainable goal. Since prisoners’ claims are often against their captors, government officials, this heightened pleading burden may leave victims of egregious unconstitutional actions by government officials without …


Government Corruption And The Right Of Access To Courts, Una A. Kim Dec 2004

Government Corruption And The Right Of Access To Courts, Una A. Kim

Michigan Law Review

This Note addresses the question left unanswered in Harbury: whether these denial of access-to-courts cases, which Justice Souter termed "backward-looking" access claims, are valid exercises of a constitutional right. Backward-looking access claims such as Harbury's differ from traditional denial of access-to-courts claims in that their aim is not to remove impediments to bringing causes of action in the future. Rather, backward-looking access claims allege that a suit that could have been filed in the past was not brought or was not litigated effectively, because access to the courts was at that time denied or obstructed by government officials. …


Access To Legal Remedies. The Crisis In Family Law, Jane C. Murphy Jan 1993

Access To Legal Remedies. The Crisis In Family Law, Jane C. Murphy

All Faculty Scholarship

Lack of access to the courts to resolve domestic disputes is a national problem which deserves the attention of both family law scholars and practitioners. Family law scholars have exhaustively critiqued both the substantive and procedural law governing dissolution proceedings. This analysis of rules and standards, however, is rarely conducted with the explicit goal of maximizing access to the courts for people of low and moderate income. This paper begins by assessing the dimensions of the problem through an explanation of the existing domestic legal needs studies. This paper also presents a case study of a typical multi-issue domestic case …


Why Legal Services For The Poor?, Roger C. Cramton May 1982

Why Legal Services For The Poor?, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.


The Right Of Undocumented Aliens Against Their Employers, Floyd G. Cottrell Jan 1982

The Right Of Undocumented Aliens Against Their Employers, Floyd G. Cottrell

Fordham Urban Law Journal

Undocumented aliens who seek to enforce their rights against their employer in state court will often face deportation. An undocumented alien is vulnerable to discriminatory treatment in the workplace, and abusive employment practices, which may often incentivize employers to hire undocumented aliens. This Note exams the legal issues surrounding the employment of undocumented aliens. In particular, the validity of state regulation is examined in light of the rights guaranteed to undocumented aliens under the fourteenth amendment to the United States Constitution, granting due process. The author argues that state welfare benefits should not be denied to undocumented aliens, nor should …


Crisis In Legal Services For The Poor, Roger C. Cramton Mar 1981

Crisis In Legal Services For The Poor, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.


Of Rights Lost And Gained, Patricia A. Dore Jul 1978

Of Rights Lost And Gained, Patricia A. Dore

Florida State University Law Review

No abstract provided.


Article 1, Section 21: Access To Courts In Florida, Judith Anne Bass Oct 1977

Article 1, Section 21: Access To Courts In Florida, Judith Anne Bass

Florida State University Law Review

No abstract provided.


The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun Jan 1977

The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun

Publications

No abstract provided.


Promise And Reality In Legal Services, Roger C. Cramton Jan 1976

Promise And Reality In Legal Services, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.


Kluger V. White, 281 So. 2d 1 (Fla. 1973), Florida State University Law Review Jan 1974

Kluger V. White, 281 So. 2d 1 (Fla. 1973), Florida State University Law Review

Florida State University Law Review

Insurance-NO-FAULT AUTOMOBILE PROPERTY PROTECTION-LEGISLATURE'S ABROGATION OF COMMON LAW TORT RIGHT TO RECOVER PROPERTY DAMAGE OF LESS THAN $550 VIOLATES FLORIDA CONSTITUTION.


Attorney's Fees: Where Shall The Ultimate Burden Lie?, James H. Cheek, Iii Nov 1967

Attorney's Fees: Where Shall The Ultimate Burden Lie?, James H. Cheek, Iii

Vanderbilt Law Review

Unfettered access to the courts is the cornerstone of the American concept of justice, yet even today we are far from achieving this ideal. Recently much progress has been achieved in improved legal services for the poor;' but the poor will never have completely free access to the courts unless the American rule that each litigant must bear the burden of paying his own attorney's fees is changed...

Since the first note of protest in 1925, a few writers, recognizing the intimate relationship between attorney's fees and full relief for the wronged party, have urged the adoption of some form …