Rationing Justice

Rationing Justice
Author: Kris Shepard
Publisher: LSU Press
Total Pages: 420
Release: 2007
Genre: History
ISBN: 9780807132074

"Established in 1964, the federal Legal Services Program (later, Corporation) served a vast group of Americans desperately in need of legal counsel: the poor. At the program's zenith in 1981, more than 1,450 offices employing six thousand attorneys and three thousand paralegals worked to aid those who could not afford private attorneys. In Rationing Justice, Kris Shepard looks at this pioneering program's effect on the Deep South."--BOOK JACKET.

Rationing Justice

Rationing Justice
Author: Kris Shepard
Publisher: LSU Press
Total Pages: 408
Release: 2009-04-01
Genre: History
ISBN: 0807134163

Established in 1964, the federal Legal Services Program (later, Corporation) served a vast group of Americans desperately in need of legal counsel: the poor. In Rationing Justice, Kris Shepard looks at this pioneering program's effect on the Deep South, as the poor made tangible gains in cases involving federal, state, and local social programs, low-income housing, consumer rights, domestic relations, and civil rights. While poverty lawyers, Shepard reveals, did not by themselves create a legal revolution in the South, they did force southern politicians, policy makers, businessmen, and law enforcement officials to recognize that they could not ignore the legal rights of low-income citizens. Having survived for four decades, America's legal services program has adapted to ever-changing political realities, including slashed budgets and severe restrictions on poverty law practice adopted by the Republican-led Congress of the mid-1990s. With its account of the relationship between poverty lawyers and their clients, and their interaction with legal, political, and social structures, Rationing Justice speaks poignantly to the possibility of justice for all in America.

Rationing the Constitution

Rationing the Constitution
Author: Andrew Coan
Publisher: Harvard University Press
Total Pages: 281
Release: 2019-04-29
Genre: Law
ISBN: 0674986954

In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.

Rationing in Health Care

Rationing in Health Care
Author: Iestyn Williams
Publisher: Policy Press
Total Pages: 169
Release: 2012
Genre: Medical
ISBN: 184742774X

A clearly written and well structured textbook, providing an introduction to decision making and priority setting, this title brings together theories, practice and evidence from a wide range of disciplines.

To Establish Justice for All

To Establish Justice for All
Author: Earl Johnson
Publisher: Bloomsbury Publishing USA
Total Pages: 927
Release: 2013-11-12
Genre: Law
ISBN:

For over a century, many have struggled to turn the Constitution's prime goal "to establish Justice" into reality for Americans who cannot afford lawyers through civil legal aid. This book explains how and why. American statesman Sargent Shriver called the Legal Services Program the "most important" of all the War on Poverty programs he started; American Bar Association president Edward Kuhn said its creation was the most important development in the history of the legal profession. Earl Johnson Jr., a former director of the War on Poverty's Legal Services Program, provides a vivid account of the entire history of civil legal aid from its inception in 1876 to the current day. The first to capture the full story of the dramatic, ongoing struggle to bring equal justice to those unable to afford a lawyer, this monumental three-volume work covers the personalities and events leading to a national legal aid movement—and decades later, the federal government's entry into the field, and its creation of a unique institution, an independent Legal Services Corporation, to run the program. The narrative also covers the landmark court victories the attorneys won and the political controversies those cases generated, along with the heated congressional battles over the shape and survival of the Legal Services Corporation. In the final chapters, the author assesses the current state of civil legal aid and its future prospects in the United States.

ABA Journal

ABA Journal
Author:
Publisher:
Total Pages: 96
Release: 1975-08
Genre:
ISBN:

The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.

Just Caring

Just Caring
Author: Leonard M. Fleck
Publisher: Oxford University Press
Total Pages: 479
Release: 2009
Genre: Business & Economics
ISBN: 0195128044

What does it mean to be a "just" and "caring" society when we have only limited resources to meet unlimited health care needs? Do we believe that all lives are of equal value? Is human life priceless? Should a "just" and "caring" society refuse to put limits on health care spending? In Just Caring, Leonard Fleck reflects on the central moral and political challenges of health reform today. He cites the millions of Americans who go without health insurance, thousands of whom die prematurely, unable to afford the health care needed to save their lives. Fleck considers these deaths as contrary to our deepest social values, and makes a case for the necessity of health care rationing decisions. The core argument of this book is that no one has a moral right to impose rationing decisions on others if they are unwilling to impose those same rationing decisions on themselves in the same medical circumstances. Fleck argues we can make health care rationing fair, in ways that are mutually respectful, if we engage in honest rational democratic deliberation. Such civic engagement is rare in our society, but the alternative is endless destructive social controversy that is neither just nor caring.

Identified Versus Statistical Lives

Identified Versus Statistical Lives
Author: I. Glenn Cohen
Publisher:
Total Pages: 241
Release: 2015
Genre: Medical
ISBN: 0190217472

The identified lives effect describes the fact that people demonstrate a stronger inclination to assist persons and groups identified as at high risk of great harm than those who will or already suffer similar harm, but endure unidentified. As a result of this effect, we allocate resources reactively rather than proactively, prioritizing treatment over prevention. For example, during the August 2010 gold mine cave-in in Chile, where ten to twenty million dollars was spent by the Chilean government to rescue the 33 miners trapped underground. Rather than address the many, more cost effective mine safety measures that should have been implemented, the Chilean government and international donors concentrated efforts in large-scale missions that concerned only the specific group. Such bias as illustrated through this incident raises practical and ethical questions that extend to almost every aspect of human life and politics. What can social and cognitive sciences teach us about the origin and triggers of the effect? Philosophically and ethically, is the effect a "bias" to be eliminated or is it morally justified? What implications does the effect have for health care, law, the environment and other practice domains? This volume is the first to take an interdisciplinary approach toward answering this issue of identified versus statistical lives by considering a variety of perspectives from psychology, public health, law, ethics, and public policy.