Category: Volume 67, Issue 5

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Advancing Equal Access to Justice: Barriers, Dilemmas, and Prospects Hon. Tani G. Cantil-Sakauye Volume 67, Issue 5, 1181-90 Keynote Address: University of California Hastings College of the Law, November 12, 2015 Full Article [/et_pb_column][/et_pb_row][/et_pb_section]

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Gillian K. Hadfield and Deborah L. Rhode Volume 67, Issue 5, 1191-224 Scholars and critics have for decades advocated change in the professional regulation of legal services markets in order to solve the ever-widening gap in access to justice. One of the central obstacles to change has been concern about the impact of…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Earl Johnson Jr. Volume 67, Issue 5, 1225-64 Contrary to its public rhetoric promising “justice for all” and “equal justice under law,” access to civil justice in the United States is “exceptional” only in a negative sense. The Rule of Law Index ranks our nation next to last among the world’s thirty-one “richest”…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Stacy Brustin and Lisa Martin Volume 67, Issue 5, 1265-98 Parents in family court overwhelmingly proceed pro se; however, in child support courtrooms, government attorneys representing the state child support agency frequently play a pivotal role. These attorneys represent the state’s ostensible interests in ensuring that children are financially supported and in preventing…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Elizabeth L. MacDowell Volume 67, Issue 5, 1299-330 This Article reports findings from an ethnographic study of self-help programs in two western states. The study investigated how self-help assistance provided by partnerships between courts and nongovernmental organizations implicates advocacy and access to justice for domestic violence survivors. The primary finding is that self-help…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Ben Barton Volume 67, Issue 5, 1331-66 America’s access to justice woes are paradoxical. We have more lawyers than every country except India and more lawyers per capita than every country except for Israel. We spend more on law as an absolute amount or as a percentage of GDP than any other country.…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Colleen F. Shanahan, Anna E. Carpenter, and Alyx Mark Volume 67, Issue 5, 1367-88 Access to justice interventions that provide a little representation, including nonlawyer representation and various forms of limited legal services, may be valuable solutions for low- and middle-income Americans. However, a thoughtful approach to improving access to justice efforts should…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Marsha M. Mansfield Volume 67, Issue 5, 1389-426 As thousands of litigants access our court systems without lawyers, the debate whether these litigants receive procedural and substantive justice has intensified. Nationwide, eighty percent of those accessing the court system in a family law matter do so without the assistance of a lawyer. As…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Mary Spector and Ann Baddour Volume 67, Issue 5, 1427-67 As many as forty-four percent of Texans with credit files have nonmortgage debt in collection; this is more than ten percent above the national average. The Authors provide a snapshot of collection practices employed in Texas over a two-year period following the enactment…

[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Rebecca L. Sandefur and Thomas M. Clarke Volume 67, Issue 5, 1467-92 Most of the civil justice problems Americans experience never receive service from an attorney. Indeed, daily around the country, thousands of people arrive at court not only without a lawyer to represent them, but also without an understanding of where to…