Topic
Access to Justice
Posts
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ArticleVol. 103 · Iss. 3
Artificial Intelligence and Aggregate Litigation
The era of AI litigation has begun, and a fundamental tension has emerged. AI tools operate at unprecedented scale, creating mass harms that favor…
Daniel Wilf-Townsend -
ArticleVol. 103 · Iss. 2
Notice Pleading’s Quiet Return
Fifteen years ago, the Supreme Court announced two significant civil procedure decisions – Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft…
Alexander A. Reinert -
Online2024
Contingent Fees and Access to Justice
In recent years, scholars have documented and lamented the fact that most Americans have difficulty gaining access to justice. Most people simply cannot afford…
Eric Helland & Daniel Klerman -
CommentaryVol. 102 · Iss. 1
Standing Orders: A Survey of Individual Judges’ Regulation of Practice in All Future Cases Before Them
Federal district courts, after notice-and-comment process, can issue local rules to govern practice and procedure in all cases in a judicial district. An individual…
J. Campbell Barker -
ArticleVol. 100 · Iss. 6
Recent Developments in Mandatory Arbitration Warfare: Winners and Losers (So Far) in Mass Arbitration
Introduction Mass arbitration has sent shock waves through the civil justice system and unnerved the defense bar. To see how quickly and dramatically this…
J. Maria Glover -
ArticleVol. 99 · Iss. 6
Nonmarital Fathers in Family Court: Judges’ And Lawyers’ Perspectives
This Article presents findings revealing judges and government attorneys’ perspectives regarding nonmarital fathers as parents. The findings are drawn from original empirical data generated in a rigorous…
Tonya L. Brito -
ArticleVol. 99 · Iss. 6
The Price of Exit
The price of exit influences the terms of intimate relationships—and constitutes an important factor in distinguishing committed from contingent relationships. With or without legal…
Eleanor Brown, Naomi Cahn & June Carbone -
ArticleVol. 99 · Iss. 4
Ford’s Underlying Controversy
ABSTRACT Personal jurisdiction—the doctrine that determines where a plaintiff can sue—is a mess. Everyone agrees that a court can exercise personal jurisdiction over a…
Christine P. Bartholomew & Anya Bernstein -
NoteVol. 99 · Iss. 3
Boarding Up Vacancy with Statutory Solutions: Modifying the Partition Process for Heirs Property and Investing in Estate Planning Tools
Introduction: The Human Cost of Vacancy “Behind every vacant property there is a story,” and that story represents a wickedly complex narrative. Consider the…
Rosalie Swingle -
CommentaryVol. 99 · Iss. 1
The [E]x Factor: Addressing Trauma from Post-Separation Domestic Violence as Judicial Terrorism
Abstract When victims of intimate terrorism leave their abusers, the abuse rarely ends. While many victims exit intimate relationships to try to escape…
Lisa A. Tucker -
ArticleVol. 88 · Iss. 4
Rationalizing Costs in Investment Treaty Arbitration
International investment and related disputes are on the rise. With national courts generally unavailable and difficulties resolving disputes through diplomacy, investment treaties give investors…
Susan D. Franck -
ArticleVol. 88 · Iss. 2
Just Negotiation
This Article argues that the procedural justice—that is, fairness of process—plays a critical and largely unexamined role in legal negotiation, encouraging the acceptance of…
Rebecca Hollander-Blumoff