Beyond Elite Law

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

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.

Power to the Poor

Power to the Poor
Author: Gordon K. Mantler
Publisher: UNC Press Books
Total Pages: 377
Release: 2013-02-25
Genre: Social Science
ISBN: 1469608065

The Poor People's Campaign of 1968 has long been overshadowed by the assassination of its architect, Dr. Martin Luther King Jr., and the political turmoil of that year. In a major reinterpretation of civil rights and Chicano movement history, Gordon K. Mantler demonstrates how King's unfinished crusade became the era's most high-profile attempt at multiracial collaboration and sheds light on the interdependent relationship between racial identity and political coalition among African Americans and Mexican Americans. Mantler argues that while the fight against poverty held great potential for black-brown cooperation, such efforts also exposed the complex dynamics between the nation's two largest minority groups. Drawing on oral histories, archives, periodicals, and FBI surveillance files, Mantler paints a rich portrait of the campaign and the larger antipoverty work from which it emerged, including the labor activism of Cesar Chavez, opposition of Black and Chicano Power to state violence in Chicago and Denver, and advocacy for Mexican American land-grant rights in New Mexico. Ultimately, Mantler challenges readers to rethink the multiracial history of the long civil rights movement and the difficulty of sustaining political coalitions.

A Pound of Flesh

A Pound of Flesh
Author: Alexes Harris
Publisher: Russell Sage Foundation
Total Pages: 265
Release: 2016-06-08
Genre: Social Science
ISBN: 1610448553

Over seven million Americans are either incarcerated, on probation, or on parole, with their criminal records often following them for life and affecting access to higher education, jobs, and housing. Court-ordered monetary sanctions that compel criminal defendants to pay fines, fees, surcharges, and restitution further inhibit their ability to reenter society. In A Pound of Flesh, sociologist Alexes Harris analyzes the rise of monetary sanctions in the criminal justice system and shows how they permanently penalize and marginalize the poor. She exposes the damaging effects of a little-understood component of criminal sentencing and shows how it further perpetuates racial and economic inequality. Harris draws from extensive sentencing data, legal documents, observations of court hearings, and interviews with defendants, judges, prosecutors, and other court officials. She documents how low-income defendants are affected by monetary sanctions, which include fees for public defenders and a variety of processing charges. Until these debts are paid in full, individuals remain under judicial supervision, subject to court summons, warrants, and jail stays. As a result of interest and surcharges that accumulate on unpaid financial penalties, these monetary sanctions often become insurmountable legal debts which many offenders carry for the remainder of their lives. Harris finds that such fiscal sentences, which are imposed disproportionately on low-income minorities, help create a permanent economic underclass and deepen social stratification. A Pound of Flesh delves into the court practices of five counties in Washington State to illustrate the ways in which subjective sentencing shapes the practice of monetary sanctions. Judges and court clerks hold a considerable degree of discretion in the sentencing and monitoring of monetary sanctions and rely on individual values—such as personal responsibility, meritocracy, and paternalism—to determine how much and when offenders should pay. Harris shows that monetary sanctions are imposed at different rates across jurisdictions, with little or no state government oversight. Local officials’ reliance on their own values and beliefs can also push offenders further into debt—for example, when judges charge defendants who lack the means to pay their fines with contempt of court and penalize them with additional fines or jail time. A Pound of Flesh provides a timely examination of how monetary sanctions permanently bind poor offenders to the judicial system. Harris concludes that in letting monetary sanctions go unchecked, we have created a two-tiered legal system that imposes additional burdens on already-marginalized groups.

Punishing the Poor

Punishing the Poor
Author: Loïc Wacquant
Publisher: Duke University Press
Total Pages: 410
Release: 2009-05-22
Genre: Social Science
ISBN: 0822392259

The punitive turn of penal policy in the United States after the acme of the Civil Rights movement responds not to rising criminal insecurity but to the social insecurity spawned by the fragmentation of wage labor and the shakeup of the ethnoracial hierarchy. It partakes of a broader reconstruction of the state wedding restrictive “workfare” and expansive “prisonfare” under a philosophy of moral behaviorism. This paternalist program of penalization of poverty aims to curb the urban disorders wrought by economic deregulation and to impose precarious employment on the postindustrial proletariat. It also erects a garish theater of civic morality on whose stage political elites can orchestrate the public vituperation of deviant figures—the teenage “welfare mother,” the ghetto “street thug,” and the roaming “sex predator”—and close the legitimacy deficit they suffer when they discard the established government mission of social and economic protection. By bringing developments in welfare and criminal justice into a single analytic framework attentive to both the instrumental and communicative moments of public policy, Punishing the Poor shows that the prison is not a mere technical implement for law enforcement but a core political institution. And it reveals that the capitalist revolution from above called neoliberalism entails not the advent of “small government” but the building of an overgrown and intrusive penal state deeply injurious to the ideals of democratic citizenship. Visit the author’s website.

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

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.

Civil Justice Reconsidered

Civil Justice Reconsidered
Author: Steven P. Croley
Publisher: NYU Press
Total Pages: 297
Release: 2017-08-22
Genre: Law
ISBN: 1479855006

"In Civil Justice Reconsidered, Steven Croley demonstrates that civil litigation is, for the most part, socially beneficial. An effective civil litigation system is accessible to parties who have suffered legal wrongs, and it is reliable in the sense that those with stronger claims tend to prevail over those with weaker claims. However, while most of the system's failures are overstated, they are not wholly off base; civil litigation often imposes excessive costs that, among other unfortunate consequences, impede access to the courts, and Croley offers ways to reform civil litigation in the interest of justice for potential plaintiffs and defendants, and for the rule of law itself"--Publisher's web site, viewed February 10, 2017.

Failures of American Civil Justice in International Perspective

Failures of American Civil Justice in International Perspective
Author: James R. Maxeiner
Publisher: Cambridge University Press
Total Pages: 343
Release: 2011-08-29
Genre: Law
ISBN: 1139504894

Civil justice in the United States is neither civil nor just. Instead it embodies a maxim that the American legal system is a paragon of legal process which assures its citizens a fair and equal treatment under the law. Long have critics recognized the system's failings while offering abundant criticism but few solutions. This book provides a comparative-critical introduction to civil justice systems in the United States, Germany and Korea. It shows the shortcomings of the American system and compares them with German and Korean successes in implementing the rule of law. The author argues that these shortcomings could easily be fixed if the American legal systems were open to seeing how other legal systems' civil justice processes handle cases more efficiently and fairly. Far from being a treatise for specialists, this book is an introductory text for civil justice in the three aforementioned legal systems.

Legal Tech and the Future of Civil Justice

Legal Tech and the Future of Civil Justice
Author: David Freeman Engstrom
Publisher: Cambridge University Press
Total Pages: 417
Release: 2023-01-31
Genre: Law
ISBN: 1009255339

New digital technologies, from AI-fired 'legal tech' tools to virtual proceedings, are transforming the legal system. But much of the debate surrounding legal tech has zoomed out to a nebulous future of 'robo-judges' and 'robo-lawyers.' This volume is an antidote. Zeroing in on the near- to medium-term, it provides a concrete, empirically minded synthesis of the impact of new digital technologies on litigation and access to justice. How far and fast can legal tech advance given regulatory, organizational, and technological constraints? How will new technologies affect lawyers and litigants, and how should procedural rules adapt? How can technology expand – or curtail – access to justice? And how must judicial administration change to promote healthy technological development and open courthouse doors for all? By engaging these essential questions, this volume helps to map the opportunities and the perils of a rapidly digitizing legal system – and provides grounded advice for a sensible path forward.

Law and Poverty

Law and Poverty
Author: Frank Munger
Publisher: Routledge
Total Pages: 586
Release: 2017-11-28
Genre: Social Science
ISBN: 1351154184

Socio-legal research on the legal experiences of the poor reflects an understanding of the close connection between economic inequality and law. The first two parts of this volume illustrate general analytical approaches to law and poverty. The remaining parts include essays which examine more specific issues such as race and gender, access to law, legal consciousness and social change. Research on the relationships between poverty, inequality and governance still leaves many questions unanswered but the work presented here reflects the important contribution that sociolegal research makes to the ongoing debate.

The Poor in Court

The Poor in Court
Author: Susan E. Lawrence
Publisher: Princeton University Press
Total Pages: 220
Release: 2014-07-14
Genre: Law
ISBN: 1400861462

Focusing on the Supreme Court as an integral part of the policy-making process, Susan Lawrence examines how a change in who has access to the Court, and the nature of the institutions that structure that access, has affected its agenda setting and doctrinal development. In her analysis of cases sponsored by the Legal Services Program (LSP) before the Supreme Court during the 1966 through 1974 terms, she explores the effect of this agency in creating a voice for the poor in the judicial policy-making process. The Court's response to cases presented by the LSP--as exemplified in its decisions to invalidate residency requirements for welfare recipients (Shapiro v. Thompson, 1969) but uphold maximum family grants (Dandridge v. Williams, 1970)--is described as emerging from a timely combination of new litigant claims, available legal bases, and judicial values and role conceptions, all of which were shaped by the political climate of the era. Lawrence convincingly argues that litigation before the Court is a powerful method of political participation for the disadvantaged. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.