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Beyond Elite Law
Access to Civil Justice in America

$125.00 (P)

Martha Minow, Hon. Wallace B. Jefferson, Hon. Jonathan Lippman, Samuel Estreicher, Joy Radice, Ian Weinstein, Gillian K. Hadfield, Jamie Heine, Theodore Eisenberg, Russell Engler, Rafael I. Pardo, Amy Myrick, Robert L. Nelson, Laura Beth Nielsen, David Yin, Hon. Robert A. Katzmann, Alina Das, Jeanne Charn, David L. Noll, William D. Henderson, Andrew P. Morriss, Margaret Drew, Emily S. Bremer, Allen Charne, Steven A. Boutcher, Jonathan Remy Nash, Steven C. Bennett, Michael Z. Green, Maggie Gousman, John P. Frantz, Randal S. Milch, Adam Klein, Olivia Quinto, Nantiya Ruan, Helaine M. Barnett, Hon. Victoria A. Graffeo, Luz Herrera, Ann Juergens, Reid Kress Weisbord, Rachel Ekery, Benjamin H. Barton, E. Patrick McDermott, Ruth Obar, Christopher R. Drahozal, Peter B. Rutledge, Michael Delikat, Lisa Lupion, Ariel Roth, Zev J. Eigen, David S. Sherwyn, Alexander J. S. Colvin, Kelly Pike, Michael J. Wolf, Ann C. Hodges, Aaron Halegua, Kate Levine, Terry Meginniss, Paul Salvatore, Lisa Dewey, Anne Geraghty Helms, Sara Andrews, Roberta Ritvo, Richard Gruenberger, Daniel L. Greenberg, Lynn M. Kelly, Randy Hertz, Natalie Gomez-Velez, Royal Furgeson, Ellen Pryor, Cheryl Wattley, Valerie James, Eric Porterfield
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  • Date Published: April 2016
  • availability: Available
  • format: Hardback
  • isbn: 9781107070103

$ 125.00 (P)
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About the Authors
  • 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.

    • Offers a systematic analysis of the lack of legal representation for middle- and low-income Americans
    • The literature review provides essential context for students, researchers, and practitioners
    • Describes current reforms and outlines a realistic agenda for access to justice challenges
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    Reviews & endorsements

    "This book significantly advances our understanding of the failure to provide most Americans the legal services needed to vindicate important rights and provides an attractive blueprint for addressing this serious social problem."
    Richard L. Revesz, Lawrence King Professor of Law and Dean Emeritus, New York University School of Law

    "The authors of this volume show powerfully how access to justice is essential. Justice for only those who can afford it is neither justice for all nor justice at all."
    Nathan L. Hecht, Chief Justice, Supreme Court of Texas

    "This volume is a moving and remarkable tribute to the hopes for American justice, even as many chapters detail current failings. Beyond Elite Law documents when and why millions of individuals lack the resources to pursue their claims of right and their needs for representation. Yet, instead of leaving readers disheartened, the editors include a panoply of reforms, enabling debate about which routes create fair and publicly accountable responses."
    Judith Resnik, Arthur Liman Professor of Law, Yale Law School

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    Product details

    • Date Published: April 2016
    • format: Hardback
    • isbn: 9781107070103
    • length: 752 pages
    • dimensions: 235 x 158 x 42 mm
    • weight: 1.14kg
    • contains: 18 b/w illus. 53 tables
    • availability: Available
  • Table of Contents

    Foreword
    Overview
    Overview
    Beyond elite law: editors' introduction
    Part I. Current State of Access to Legal Services by Working Americans:
    1. Access to civil justice in America: what do we know?
    2. Life in the law-thick world: the legal resource landscape for ordinary Americans
    3. The need for a national civil justice survey of incidence and claiming behavior
    4. When does representation matter?
    5. Bankruptcy's false start: self-representation and the dismissal of chapter 7 cases
    6. Race and representation: racial disparities in legal representation for employment civil rights plaintiffs
    7. The unemployment action center: a student-driven response to legal need
    8. Immigrant representation: meeting an urgent need
    9. Reform at the crossroads: self-representation, civil Gideon, and community mobilizations in immigration cases
    Part II. Sources of Legal Services Assistance for Working Americans:
    10. The evolution of legal services in the United States: from the war on poverty to civil Gideon and beyond
    11. The effect of contingent fees and statutory fee-shifting: two models of alternative attorney-payment devices
    12. The market for recent law graduates
    13. Clinical legal education and access to justice: conflicts, interests, and evolution
    14. Loan repayment assistance as a means of promoting access to justice
    15. Federally-funded civil legal services for low-income Americans
    16. New York's lawyer referral services
    17. The growth of large law firm pro bono programs
    18. Institutionalizing pro bono
    19. Pro bono as a second career
    20. Employer-provided legal services for employment claims
    21. The Verizon pro bono program
    22. Individualized justice in class and collective actions
    Part III. Fashioning a Reform Agenda:
    23. Task force to expand access to civil legal services in New York
    24. New York's fifty-hour pro bono requirement for new lawyers
    25. Starting a 'low bono' law practice
    26. Toward a more effective and accessible solo and small firm practice model
    27. Facilitating homemade wills
    28. Court facilitation of self-representation
    29. Limited representation and ethical challenges
    30. Technology can solve much of America's access to justice problem, if we let it
    31. Mediation of employment disputes at the EEOC
    32. AAA consumer arbitration
    33. Saturns for rickshaws – lessons for consumer arbitration and the access to justice
    34. Employment arbitration in the securities industry
    35. FINRA arbitration and access to justice in employment disputes
    36. Arbitration as an employee-friendly forum
    37. Access to justice in employment arbitration
    38. Collaborative technology improves access to justice
    39. Union representation in employment arbitration
    40. Legal representation for New York City's Chinese immigrant workers: the role of intermediate institutions
    41. Reassessing unauthorized practice of law rules
    42. The Pyett protocol: collectively-bargained grievance-arbitration systems as a forum for individual statutory employment claims
    Part IV. Creating a Culture of Service:
    43. Integrating pro bono activities with the law firm's business
    44. Facilitating law firm pro bono transactional matters
    45. What bar associations do and can do to improve access to civil justice
    46. The teaching law office: service and learning in the law school years
    47. The emergency-room law school clinic
    48. CUNY Law School's community-based and community-empowering clinics
    49. A new law school in Texas to address unmet legal needs
    50. Public service residency program in lieu of the third year of law school.

  • Editors

    Samuel Estreicher, New York University School of Law
    Samuel Estreicher is the Dwight D. Opperman Professor of Law at New York University School of Law, where he directs the Institute of Judicial Administration and the Center for Labor and Employment Law. He is the Chief Reporter of the Restatement of Employment Law and recipient of the Labor and Employment Research Association's Susan C. Eaton Award for Outstanding Scholar-Practitioner. In addition to the law of the workplace, his areas of expertise include alternative dispute resolution, civil procedure, federal courts, and administrative law.

    Joy Radice, University of Tennessee School of Law
    Joy Radice is Associate Professor at the University of Tennessee College of Law. Her research focuses on the civil access to justice gap and the intersection between civil and criminal law affecting people with criminal records. She teaches advocacy clinic, criminal law, and poverty, race, gender, and the law, and directs a new expungement clinic. She also serves on the Knoxville Bar Association's Access to Justice Committee.

    Contributors

    Martha Minow, Hon. Wallace B. Jefferson, Hon. Jonathan Lippman, Samuel Estreicher, Joy Radice, Ian Weinstein, Gillian K. Hadfield, Jamie Heine, Theodore Eisenberg, Russell Engler, Rafael I. Pardo, Amy Myrick, Robert L. Nelson, Laura Beth Nielsen, David Yin, Hon. Robert A. Katzmann, Alina Das, Jeanne Charn, David L. Noll, William D. Henderson, Andrew P. Morriss, Margaret Drew, Emily S. Bremer, Allen Charne, Steven A. Boutcher, Jonathan Remy Nash, Steven C. Bennett, Michael Z. Green, Maggie Gousman, John P. Frantz, Randal S. Milch, Adam Klein, Olivia Quinto, Nantiya Ruan, Helaine M. Barnett, Hon. Victoria A. Graffeo, Luz Herrera, Ann Juergens, Reid Kress Weisbord, Rachel Ekery, Benjamin H. Barton, E. Patrick McDermott, Ruth Obar, Christopher R. Drahozal, Peter B. Rutledge, Michael Delikat, Lisa Lupion, Ariel Roth, Zev J. Eigen, David S. Sherwyn, Alexander J. S. Colvin, Kelly Pike, Michael J. Wolf, Ann C. Hodges, Aaron Halegua, Kate Levine, Terry Meginniss, Paul Salvatore, Lisa Dewey, Anne Geraghty Helms, Sara Andrews, Roberta Ritvo, Richard Gruenberger, Daniel L. Greenberg, Lynn M. Kelly, Randy Hertz, Natalie Gomez-Velez, Royal Furgeson, Ellen Pryor, Cheryl Wattley, Valerie James, Eric Porterfield

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