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Symposium Keynote: Advancing Equal Access to Justice: Barriers, Dilemmas, and Prospects

by technology@hastingslawjournal.org | Jun 19, 2016 | Volume 67, Issue 5

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...

How to Regulate Legal Services to Promote Access, Innovation, and the Quality of Lawyering

by technology@hastingslawjournal.org | Jun 19, 2016 | Volume 67, Issue 5

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...

Lifting the “American Exceptionalism” Curtain: Options and Lessons from Abroad

by technology@hastingslawjournal.org | Jun 19, 2016 | Volume 67, Issue 5

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...

Bridging the Justice Gap in Family Law: Repurposing Federal IV-D Funding to Expand Community-Based Legal and Social Services for Parents

by technology@hastingslawjournal.org | Jun 19, 2016 | Volume 67, Issue 5

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...

From Victims to Litigants

by technology@hastingslawjournal.org | Jun 19, 2016 | Volume 67, Issue 5

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...

A Comparison Between the American Markets for Medical and Legal Services

by technology@hastingslawjournal.org | Jun 19, 2016 | Volume 67, Issue 5

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...

Can a Little Representation Be a Dangerous Thing?

by technology@hastingslawjournal.org | Jun 19, 2016 | Volume 67, Issue 5

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-...

Litigants Without Lawyers: Measuring Success in Family Court

by technology@hastingslawjournal.org | Jun 19, 2016 | Volume 67, Issue 5

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...

Collection Texas-Style: An Analysis of Consumer Collection Practices in and out of the Courts

by technology@hastingslawjournal.org | Jun 19, 2016 | Volume 67, Issue 5

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...

Designing the Competition: A Future of Roles Beyond Lawyers? The Case of the USA

by technology@hastingslawjournal.org | Jun 19, 2016 | Volume 67, Issue 5

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...

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