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Access to Justice

Access to Justice
Author: Rebecca L. Sanderfur
Publisher: Emerald Group Publishing
Total Pages: 288
Release: 2009-03-23
Genre: Social Science
ISBN: 1848552432

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Around the world, access to justice enjoys an energetic and passionate resurgence as an object both of scholarly inquiry and political contest, as both a social movement and a value commitment motivating study and action. This work evidences a deeper engagement with social theory than past generations of scholarship.


Access to Justice Beyond the State Courts

Access to Justice Beyond the State Courts
Author: Aimé-Parfait Niyonkuru
Publisher: LIT Verlag
Total Pages: 196
Release: 2021-01-01
Genre: Social Science
ISBN: 3643963777

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Costliness, excessive delay, bias against the weak, corruption, underfunding, insufficiency of legal skills and shortage of training programmes (for the judicial staff in its diversity), complexity of legal rules and procedures, including the language of both the law and the Court, dependency vis-à-vis the political authorities; these are flaws documented as hindering equal and effective access to Burundi's formal state court justice system. This book argues that engaging with out-of-court justice in Burundi's legal pluralism model may positively impact on people's access to justice, particularly for the poor and the underprivileged. Aimé-Parfait Niyonkuru is a visiting researcher at the Nanterre Centre of International Law and an associate researcher with Arnold-Bergstraesser-Institut.


New Pathways to Civil Justice in Europe

New Pathways to Civil Justice in Europe
Author: Xandra Kramer
Publisher: Springer Nature
Total Pages: 313
Release: 2021-09-17
Genre: Law
ISBN: 3030666379

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This book focuses on four topical and interconnected, innovative pathways to civil justice within the context of securing and improving access to justice: the use of Artificial Intelligence and its interactions with judicial systems; ADR and ODR tracks in privatising justice systems; the effects of increased self-representation on access to justice; and court specialization and the establishment of commercial courts to counter the trend of vanishing court trials. Top academics and experts from Europe, the US and Canada address these topics in a critical and multidisciplinary manner, combining legal, socio-legal and empirical insights. The book is part of ‘Building EU Civil Justice’, a five-year research project funded by the European Research Council. It will be of interest to scholars and policymakers, as well as practitioners working in the areas of civil justice, alternative dispute resolution, court systems, and legal tech. The chapters “Introduction: The Future of Access to Justice – Beyond Science Fiction” and “Constituting a Civil Legal System Called “Just”: Law, Money, Power, and Publicity” are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.


Access to Justice and Legal Aid

Access to Justice and Legal Aid
Author: Asher Flynn
Publisher: Bloomsbury Publishing
Total Pages: 333
Release: 2017-01-26
Genre: Law
ISBN: 1509900861

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This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.


Beyond High Courts

Beyond High Courts
Author: Matthew C. Ingram
Publisher: University of Notre Dame Pess
Total Pages: 463
Release: 2019-05-15
Genre: Political Science
ISBN: 0268102848

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Beyond High Courts: The Justice Complex in Latin America is a much-needed volume that will make a significant contribution to the growing fields of comparative law and politics and Latin American legal institutions. The book moves these research agendas beyond the study of high courts by offering theoretically and conceptually rich empirical analyses of a set of critical supranational, national, and subnational justice sector institutions that are generally neglected in the literature. The chapters examine the region’s large federal systems (Argentina, Brazil, and Mexico), courts in Chile and Venezuela, and the main supranational tribunal in the region, the Inter-American Court of Human Rights. Aimed at students of comparative legal institutions while simultaneously offering lessons for practitioners charged with designing such institutions, the volume advances our understanding of the design of justice institutions, how their form and function change over time, what causes those changes, and what consequences they have. The volume also pays close attention to how justice institutions function as a system, exploring institutional interactions across branches and among levels of government (subnational, national, supranational) and analyzing how they help to shape, and are shaped by, politics and law. Incorporating the institutions examined in the volume into the literature on comparative legal institutions deepens our understanding of justice systems and how their component institutions can both bolster and compromise democracy and the rule of law. Contributors: Matthew C. Ingram, Diana Kapiszewski, Azul A. Aguiar-Aguilar, Ernani Carvalho, Natália Leitão, Catalina Smulovitz, John Seth Alexander, Robert Nyenhuis, Sídia Maria Porto Lima, José Mário Wanderley Gomes Neto, Danilo Pacheco Fernandes, Louis Dantas de Andrade, Mary L. Volcansek, and Martin Shapiro.


Access to Justice Beyond the State Courts

Access to Justice Beyond the State Courts
Author: Aimé-Parfait Niyonkuru
Publisher: LIT Verlag Münster
Total Pages: 189
Release: 2021-12-28
Genre:
ISBN: 364391377X

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Costliness, excessive delay, bias against the weak, corruption, underfunding, insufficiency of legal skills and shortage of training programmes (for the judicial staff in its diversity), complexity of legal rules and procedures, including the language of both the law and the Court, dependency vis-à-vis the political authorities; these are flaws documented as hindering equal and effective access to Burundi’s formal state court justice system. This book argues that engaging with out-of-court justice in Burundi’s legal pluralism model may positively impact on people’s access to justice, particularly for the poor and the underprivileged.


Beyond Elite Law

Beyond Elite Law
Author: Samuel Estreicher
Publisher: Cambridge University Press
Total Pages: 757
Release: 2016-04-26
Genre: Law
ISBN: 1316654095

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Are Americans making under $50,000 a year compelled to navigate the legal system on their own, or do they simply give up because they cannot afford lawyers? We know anecdotally that Americans of median or lower income generally do without legal representation or resort to a sector of the legal profession that - because of the sheer volume of claims, inadequate training, and other causes - provides deficient representation and advice. This book poses the question: can we - at the current level of resources, both public and private - better address the legal needs of all Americans? Leading judges, researchers, and activists discuss the role of technology, pro bono services, bar association resources, affordable solo and small firm fees, public service internships, and law student and nonlawyer representation.


Technology, Innovation and Access to Justice

Technology, Innovation and Access to Justice
Author: Siddharth Peter De Souza
Publisher: EUP
Total Pages: 0
Release: 2023-01-16
Genre: Law
ISBN: 9781474473873

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Around four billion people globally are unable to address their everyday legal problems and do not have the security, opportunity or protection to redress their grievances and injustices.


No Day in Court

No Day in Court
Author: Sarah L. Staszak
Publisher: Oxford University Press
Total Pages: 321
Release: 2015
Genre: Law
ISBN: 0199399034

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We are now more than half a century removed from height of the rights revolution, a time when the federal government significantly increased legal protection for disadvantaged individuals and groups, leading in the process to a dramatic expansion in access to courts and judicial authority to oversee these protections. Yet while the majority of the landmark laws and legal precedents expanding access to justice remain intact, less than two percent of civil cases are decided by a trial today. What explains this phenomenon, and why it is so difficult to get one's day in court? No Day in Court examines the sustained efforts of political and legal actors to scale back access to the courts in the decades since it was expanded, largely in the service of the rights revolution of the 1950s and 1960s. Since that time, for political, ideological, and practical reasons, a multifaceted group of actors have attempted to diminish the role that courts play in American politics. Although the conventional narrative of backlash focuses on an increasingly conservative Supreme Court, Congress, and activists aiming to constrain the developments of the Civil Rights era, there is another very important element to this story, in which access to the courts for rights claims has been constricted by efforts that target the "rules of the game: " the institutional and legal procedures that govern what constitutes a valid legal case, who can be sued, how a case is adjudicated, and what remedies are available through courts. These more hidden, procedural changes are pursued by far more than just conservatives, and they often go overlooked. No Day in Court explores the politics of these strategies and the effect that they have today for access to justice in the U.S.