Equal Justice

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Publisher : Harvard University Press
ISBN 13 : 0674243730
Total Pages : 273 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Equal Justice by : Frederick Wilmot-Smith

Download or read book Equal Justice written by Frederick Wilmot-Smith and published by Harvard University Press. This book was released on 2019-10-08 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: A philosophical and legal argument for equal access to good lawyers and other legal resources. Should your risk of wrongful conviction depend on your wealth? We wouldn’t dream of passing a law to that effect, but our legal system, which permits the rich to buy the best lawyers, enables wealth to affect legal outcomes. Clearly justice depends not only on the substance of laws but also on the system that administers them. In Equal Justice, Frederick Wilmot-Smith offers an account of a topic neglected in theory and undermined in practice: justice in legal institutions. He argues that the benefits and burdens of legal systems should be shared equally and that divergences from equality must issue from a fair procedure. He also considers how the ideal of equal justice might be made a reality. Least controversially, legal resources must sometimes be granted to those who cannot afford them. More radically, we may need to rethink the centrality of the market to legal systems. Markets in legal resources entrench pre-existing inequalities, allocate injustice to those without means, and enable the rich to escape the law’s demands. None of this can be justified. Many people think that markets in health care are unjust; it may be time to think of legal services in the same way.

The Justice Crisis

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Publisher : UBC Press
ISBN 13 : 0774863609
Total Pages : 369 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis The Justice Crisis by : Trevor C.W. Farrow

Download or read book The Justice Crisis written by Trevor C.W. Farrow and published by UBC Press. This book was released on 2020-09-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unfulfilled legal needs are at a tipping point in much of the Canadian justice system. The Justice Crisis assesses what is and isn’t working in efforts to strengthen a fundamental right of democratic citizenship: access to civil and family justice. Contributors to this wide-ranging overview of recent empirical research address key issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations; the value of new legal pathways; the provision of justice services beyond the courts and lawyers; and the need for a culture change within the justice system.

Rebooting Justice

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Publisher : Encounter Books
ISBN 13 : 1594039348
Total Pages : 198 pages
Book Rating : 4.5/5 (94 download)

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Book Synopsis Rebooting Justice by : Benjamin H. Barton

Download or read book Rebooting Justice written by Benjamin H. Barton and published by Encounter Books. This book was released on 2017-08-01 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Costs and Funding of Civil Litigation

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847316158
Total Pages : 580 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Costs and Funding of Civil Litigation by : Christopher Hodges

Download or read book The Costs and Funding of Civil Litigation written by Christopher Hodges and published by Bloomsbury Publishing. This book was released on 2010-11-17 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the first major comparative study of litigation costs and methods of funding litigation in more than 30 jurisdictions. It was linked with the most comprehensive review of costs ever carried out in England and Wales by Lord Justice Jackson in 2009 and benefited from the assistance of leading practitioners around the globe. The study analyses the principles and rules that relate to paying courts, witnesses and lawyers, and the rules on cost shifting, if any. It also notes the major ways in which litigation can be funded, identifying the global trend on contraction of legal aid, the so far limited spread of contingency fees, and the growing new phenomenon of private third party litigation funding. The study also presents the results of nine case studies of typical claim types, so as to give a first overview comparison of which countries' legal systems are cheaper or more expensive. The book further contains national chapters with in depth analysis contributed by scholars in 18 jurisdictions (Australia, Belgium, Canada, China, Denmark, England & Wales, France, Germany, Japan, the Netherlands, New Zealand, Poland, Portugal, Russia, Spain, Switzerland, Taiwan and USA) and a further chapter on Latin American jurisdictions. 'Dr Hodges, Professor Vogenauer and Dr Tulibacka have conducted an excellent and thorough comparative study of litigation costs and funding across a wide range of jurisdictions ('the Oxford study'). The Oxford study is important, because it provides both context and background for any critical examination of our own costs and funding rules... I commend this book both for its breadth and detail and also for its percipient commentary. This work will make a valuable contribution to the debate which lies ahead about how the costs and funding rules of England and Wales should be reformed in order to promote access to justice.' From the Foreword by Lord Justice Jackson, Royal Courts of Justice, 16th July 2010 This title is included in Bloomsbury Professional's International Arbitration online service.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Cost of the Legal System

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Author :
Publisher :
ISBN 13 :
Total Pages : 166 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Cost of the Legal System by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Oversight and the Courts

Download or read book The Cost of the Legal System written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Oversight and the Courts and published by . This book was released on 1996 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Reducing the Costs of Legal Services

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Publisher :
ISBN 13 :
Total Pages : 24 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Reducing the Costs of Legal Services by : Thomas Ehrlich

Download or read book Reducing the Costs of Legal Services written by Thomas Ehrlich and published by . This book was released on 1974 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Handbook for Measuring the Costs and Quality of Access to Justice

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Author :
Publisher : Maklu
ISBN 13 : 9046603121
Total Pages : 98 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis A Handbook for Measuring the Costs and Quality of Access to Justice by : Martin Gramatikov

Download or read book A Handbook for Measuring the Costs and Quality of Access to Justice written by Martin Gramatikov and published by Maklu. This book was released on 2010 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook was developed by the Tilburg Institute for Interdisciplinary Studies of Civil Law and Conflict Resolution Systems (The Netherlands). It offers practical information on the use of a methodology for measuring the cost and quality of paths to justice, from the perspective of users. How do clients of justice systems like the way in which their needs and concerns are voiced? Do they feel they received sufficient information about the procedure? Do they think the outcome was fair and did it help to solve their problem? Do they think the procedure was a value for their money? How much time did they spend? This methodology provides answers to such questions so that citizens using the justice system can voice their needs and providers of justice services can improve their processes.

A Pound of Flesh

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Author :
Publisher : Russell Sage Foundation
ISBN 13 : 1610448553
Total Pages : 265 pages
Book Rating : 4.6/5 (14 download)

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Book Synopsis A Pound of Flesh by : Alexes Harris

Download or read book A Pound of Flesh written by Alexes Harris and published by Russell Sage Foundation. This book was released on 2016-06-08 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Do Prisons Make Us Safer?

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Publisher : Russell Sage Foundation
ISBN 13 : 1610444655
Total Pages : 365 pages
Book Rating : 4.6/5 (14 download)

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Book Synopsis Do Prisons Make Us Safer? by : Steven Raphael

Download or read book Do Prisons Make Us Safer? written by Steven Raphael and published by Russell Sage Foundation. This book was released on 2009-01-22 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: The number of people incarcerated in U.S. prisons and jails more than quadrupled between 1975 and 2005, reaching the unprecedented level of over two million inmates today. Annual corrections spending now exceeds 64 billion dollars, and many of the social and economic burdens resulting from mass incarceration fall disproportionately on minority communities. Yet crime rates across the country have also dropped considerably during this time period. In Do Prisons Make Us Safer? leading experts systematically examine the complex repercussions of the massive surge in our nation's prison system. Do Prisons Make Us Safer? asks whether it makes sense to maintain such a large and costly prison system. The contributors expand the scope of previous analyses to include a number of underexplored dimensions, such as the fiscal impact on states, effects on children, and employment prospects for former inmates. Steven Raphael and Michael Stoll assess the reasons behind the explosion in incarceration rates and find that criminal behavior itself accounts for only a small fraction of the prison boom. Eighty-five percent of the trend can be attributed to "get tough on crime" policies that have increased both the likelihood of a prison sentence and the length of time served. Shawn Bushway shows that while prison time effectively deters and incapacitates criminals in the short term, long-term benefits such as overall crime reduction or individual rehabilitation are less clear cut. Amy Lerman conducts a novel investigation into the effects of imprisonment on criminal psychology and uncovers striking evidence that placement in a high security penitentiary leads to increased rates of violence and anger—particularly in the case of first time or minor offenders. Rucker Johnson documents the spill-over effects of parental incarceration—children who have had a parent serve prison time exhibit more behavioral problems than their peers. Policies to enhance the well-being of these children are essential to breaking a devastating cycle of poverty, unemployment, and crime. John Donohue's economic calculations suggest that alternative social welfare policies such as education and employment programs for at-risk youth may lower crime just as effectively as prisons, but at a much lower human cost. The cost of hiring a new teacher is roughly equal to the cost of incarcerating an additional inmate. The United States currently imprisons a greater proportion of its citizens than any other nation in the world. Until now, however, we've lacked systematic and comprehensive data on how this prison boom has affected families, communities, and our nation as a whole. Do Prisons Make Us Safer? provides a highly nuanced and deeply engaging account of one of the most dramatic policy developments in recent U.S. history.

Cost and Fee Allocation in Civil Procedure

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 940072263X
Total Pages : 312 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Cost and Fee Allocation in Civil Procedure by : Mathias Reimann

Download or read book Cost and Fee Allocation in Civil Procedure written by Mathias Reimann and published by Springer Science & Business Media. This book was released on 2011-11-15 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume describes and analyzes how the costs of litigation in civil procedure are distributed in key countries around the world. It compares the various approaches, draws general conclusions from that comparison, and presents global trends as well as common problems and solutions. In particular, the book deals with three principal questions: First, who pays for civil litigation costs, i.e., to what extent do losers have to make winners whole? Second, how much money is at stake, i.e., how expensive is civil litigation in the respective jurisdictions? And third, whose money is ultimately spent, i.e., how are civil litigation costs distributed through mechanisms like legal aid, litigation insurance, collective actions, and success oriented fees? Inter alia, the study reveals a general trend towards deregulation of lawyer fees as well as a substantial correlation between the burden of litigation costs and membership of a jurisdiction in the civil and common law families. This study is the result of the XVIIIth World Congress of Comparative Law held under the auspices of the International Academy of Comparative Law.

Costs of the Civil Justice System

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Publisher :
ISBN 13 : 9780833005175
Total Pages : 125 pages
Book Rating : 4.0/5 (51 download)

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Book Synopsis Costs of the Civil Justice System by : James S. Kakalik

Download or read book Costs of the Civil Justice System written by James S. Kakalik and published by . This book was released on 1983 with total page 125 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report analyzes the cost of processing domestic relations, mental health, probate and guardianship, property rights and condemnation, torts contracts and other civil complaints, and other civil petitions cases. Section II details the procedures for estimating and analyzing government expenditures for processing civil cases. Section III describes how the study derived the government expenditure per judge for each of the courts in the study--a necessary element in the cost-estimation procedure. Section IV reports the estimates of government expenditure and judge-time per civil case filed for various types of civil cases in state and federal courts. Finally, Sec. V provides estimates of the total nationwide government expenditure for processing civil cases.

The Cost of the American Judicial System

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Publisher :
ISBN 13 :
Total Pages : 166 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Cost of the American Judicial System by : James T. Brennan

Download or read book The Cost of the American Judicial System written by James T. Brennan and published by . This book was released on 1966 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Introduction to the U.S. Legal System for Foreign-trained Lawyers

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Publisher :
ISBN 13 : 9781531022853
Total Pages : pages
Book Rating : 4.0/5 (228 download)

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Book Synopsis Introduction to the U.S. Legal System for Foreign-trained Lawyers by : Mary L. Perry

Download or read book Introduction to the U.S. Legal System for Foreign-trained Lawyers written by Mary L. Perry and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book gives and introduction to the U.S. legal system for foreign lawyers. It covers a broad range of topics that will help foreign lawyers develop a baseline understanding of the legal system through chapters on: American legal history, the trial process, and an overview of the U.S government"--

The Litigation Explosion

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Publisher : Plume Books
ISBN 13 :
Total Pages : 408 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis The Litigation Explosion by : Walter K. Olson

Download or read book The Litigation Explosion written by Walter K. Olson and published by Plume Books. This book was released on 1992 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Twenty years ago, Americans saw lawsuits as a last resort; now they're the world's most litigous people. One of the most discussed, debated, and widely reviewed books of 1991, The Litigation Explosion explains why today's laws encourage us to sue first and ask questions later.

The Cost of Rights

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Publisher : W. W. Norton & Company
ISBN 13 : 9780393320336
Total Pages : 268 pages
Book Rating : 4.3/5 (23 download)

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Book Synopsis The Cost of Rights by : Stephen Holmes

Download or read book The Cost of Rights written by Stephen Holmes and published by W. W. Norton & Company. This book was released on 2000 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Laying bare the folly of some of our most cherished myths, this book presents a radically illuminating view of our most precious rights.

The Cost of the Legal System

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Author :
Publisher :
ISBN 13 :
Total Pages : 157 pages
Book Rating : 4.:/5 (19 download)

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Book Synopsis The Cost of the Legal System by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Oversight and the Courts

Download or read book The Cost of the Legal System written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Oversight and the Courts and published by . This book was released on 1996 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: