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1 results

  • 17 - Putting Railroad Justice Back on Track

  • from Part IV - New Frontiers
  • Edited by David Freeman Engstrom, Stanford University, California, Nora Freeman Engstrom, Stanford University, California
  • Book:
    Rethinking the Lawyers' Monopoly
    Published online:
    04 September 2025
    Print publication:
    18 September 2025, pp 390-412
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  • Summary

    Sam Issacharoff (NYU Law), a leading law professor and litigator, and Hon. Beverly Martin (NYU Law), formerly of the US Court of Appeals for the Eleventh Circuit, after sketching a bracing account of the origins of the current access-to-justice crisis, ask why changing legal services regulation won’t suffice to solve it. Focusing on debt collection lawsuits – currently the modal case in the entire American civil legal system – they show how much of the current crisis stems from adversarial asymmetries resulting from new species of institutional litigants that leverage scale economies and potent new technologies to assembly-line cases through the legal system. They outline a number of potential solutions to better way to contend with the stunning scale of the current access challenges.