Why We Don't Know More about the Civil Justice System
| Author | : Deborah R. Hensler |
| Publisher | : |
| Total Pages | : 24 |
| Release | : 1995 |
| Genre | : Civil procedure |
| ISBN | : |
Why We Dont Know More About The Civil Justice System
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Rebuilding Justice
| Author | : Rebecca Love Kourlis |
| Publisher | : Chicago Review Press - Fulcrum |
| Total Pages | : 0 |
| Release | : 2011 |
| Genre | : Law |
| ISBN | : 9781555915384 |
"Institute for the Advancement of the American Legal System."
No Equal Justice
| Author | : David Cole |
| Publisher | : ReadHowYouWant.com |
| Total Pages | : 386 |
| Release | : 2010-10 |
| Genre | : Social Science |
| ISBN | : 1459604199 |
First published a decade ago, No Equal Justice is the seminal work on race- and class-based double standards in criminal justice. Hailed as a ''shocking and necessary book'' by The Economist, it has become the standard reference point for anyone trying to understand the fundamental inequalities in the American legal system. The book, written by constitutional law scholar and civil liberties advocate David Cole, was named the best nonfiction book of 1999 by the Boston Book Review and the best book on an issue of national policy by the American Political Science Association. No Equal Justice examines subjects ranging from police behavior and jury selection to sentencing, and argues that our system does not merely fail to live up to the promise of equality, but actively requires double standards to operate. Such disparities, Cole argues, allow the privileged to enjoy constitutional protections from police power without paying the costs associated with extending those protections across the board to minorities and the poor. For this new, tenth-anniversary paperback edition, Cole has completely updated and revised the book, reflecting the substantial changes and developments that have occurred since first publication.
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.
Rebooting Justice
| Author | : Benjamin H. Barton |
| Publisher | : Encounter Books |
| Total Pages | : 198 |
| Release | : 2017-08-01 |
| Genre | : Law |
| ISBN | : 1594039348 |
America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.
Usual Cruelty
| Author | : Alec Karakatsanis |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2025-01-14 |
| Genre | : Law |
| ISBN | : 9781620979143 |
A "searing, searching, and eloquent" (Martha Minow, Harvard Law School) investigation into the role of the legal profession in perpetuating mass incarceration--now in an accessible paperback format from the award-winning civil rights lawyer Alec Karakatsanis doesn't think people who have gone to law school, passed the bar, and sworn to uphold the Constitution should be complicit in the mass caging of human beings--an everyday brutality inflicted disproportionately on the bodies and minds of poor people and people of color, for which the legal system has never offered sufficient justification. Usual Cruelty offers a radical reconsideration of the American "injustice system" by someone who is actively--and wildly successfully--challenging it. Hailed by luminaries from James Forman Jr. and Vanita Gupta to U.S. Circuit Judge Bernice Donald, and MacArthur Award-winning poet and attorney Reginald Dwayne Betts, Usual Cruelty offers a condemnation of the whole deplorable enterprise, starting with profound questions about the specific things our system chooses to criminalize (marijuana plants, low-level gambling, petty theft) versus those we don't (tobacco plants, high-level gambling by bankers, massive wage theft by employers). It calls out a bail system that charges people money to go free despite the lack of any evidence this will make them more likely to show up in court or make anybody safer. And it explores the everyday brutality of our courts, prisons, and jails, and the ways in which the legal profession has allowed itself to become desensitized to the everyday pain these institutions inflict on our most vulnerable populations. Now in an accessible paperback format, Usual Cruelty will cement Karakatsanis's reputation as one of the most inspiring civil rights lawyers of our time.
The New Jim Crow
| Author | : Michelle Alexander |
| Publisher | : The New Press |
| Total Pages | : 434 |
| Release | : 2020-01-07 |
| Genre | : Law |
| ISBN | : 1620971941 |
Named one of the most important nonfiction books of the 21st century by Entertainment Weekly‚ Slate‚ Chronicle of Higher Education‚ Literary Hub, Book Riot‚ and Zora A tenth-anniversary edition of the iconic bestseller—"one of the most influential books of the past 20 years," according to the Chronicle of Higher Education—with a new preface by the author "It is in no small part thanks to Alexander's account that civil rights organizations such as Black Lives Matter have focused so much of their energy on the criminal justice system." —Adam Shatz, London Review of Books Seldom does a book have the impact of Michelle Alexander's The New Jim Crow. Since it was first published in 2010, it has been cited in judicial decisions and has been adopted in campus-wide and community-wide reads; it helped inspire the creation of the Marshall Project and the new $100 million Art for Justice Fund; it has been the winner of numerous prizes, including the prestigious NAACP Image Award; and it has spent nearly 250 weeks on the New York Times bestseller list. Most important of all, it has spawned a whole generation of criminal justice reform activists and organizations motivated by Michelle Alexander's unforgettable argument that "we have not ended racial caste in America; we have merely redesigned it." As the Birmingham News proclaimed, it is "undoubtedly the most important book published in this century about the U.S." Now, ten years after it was first published, The New Press is proud to issue a tenth-anniversary edition with a new preface by Michelle Alexander that discusses the impact the book has had and the state of the criminal justice reform movement today.
The Collapse of Constitutional Remedies
| Author | : Aziz Z. Huq |
| Publisher | : Oxford University Press |
| Total Pages | : 193 |
| Release | : 2021 |
| Genre | : LAW |
| ISBN | : 0197556817 |
"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--
What We Know and Need to Know about the Legal Needs of the Public
| Author | : Rebecca L. Sandefur |
| Publisher | : |
| Total Pages | : 17 |
| Release | : 2017 |
| Genre | : |
| ISBN | : |
In contemporary market democracies, law reaches deeply into many aspects of daily life. Thousands of Americans every day find themselves facing troubles that emerge “at the intersection of civil law and everyday adversity,” involving work, finances, insurance, pensions, wages, benefits, shelter, and the care of young children and dependent adults, among other core matters. Though these different types of problems affect different aspects of people's lives and concern different kinds of relationships, they are defined by a central important quality: they are justiciable. They have civil legal aspects, raise civil legal issues, have consequences shaped by civil law, and may become objects of formal legal action.This Paper reviews what we know about the civil legal needs of the public, focusing on the U.S. context but drawing on research from peer nations as well. In so doing, the Paper reveals some key gaps in our knowledge. Across a range of studies, we have good evidence that: • Experience with civil justice situations is common and widespread, affecting all segments of the population. Many involve “bread and butter issues” at the core of contemporary life, affecting livelihood, shelter, or the care and custody of dependents. • Populations that are vulnerable or disadvantaged often report higher rates of contact with civil justice situations, and greater incidence of negative consequences from these events.• Most civil justice situations will never involve contact with an attorney or a court.The most important reasons that people do not take their civil justice situations to law are: (1) they do not think the issues are legal or consider law as a solution; and (2) they often believe that they understand their situations, and are taking those actions that are possible.• The cost of legal services or court processes plays a secondary role in people's decisions about how to handle the civil justice situations they encounter.Paradoxically, despite the stylized facts we often deploy in our arguments and advocacy, we do not know the answers to some of the million dollar questions. To be specific, we do not know:• How many civil justice situations are actually civil legal needs; • How many civil legal needs go unmet; and • How civil legal needs affect the people who experience them and society at large.
Model Rules of Professional Conduct
| Author | : American Bar Association. House of Delegates |
| Publisher | : American Bar Association |
| Total Pages | : 216 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
