Perhaps because I often find myself waiting for hours on end to be treated in a walk - in clinic or a hospital emergency room for yet another sports injury, and because I have had little success finding and keeping a family doctor, I've often thought of the frustrating parallels
between accessing our justice system and accessing our health care system as an average citizen.
Not exact matches
«The difference
between selling a vote and selling
access is a matter of degree, not kind,»
Justice Stevens wrote.
It has insisted on equality
between women and men, and on
justice for women regarding
access to basic needs, the means of sustaining a livelihood and the decision - making processes that organize and regulate the common life.
Still, we should not discount the significance of what Citizens United meant for independent expenditures, something that
Justice John Paul Stevens argued comes close to direct contributions: «The difference
between selling a vote and selling
access is a matter of degree, not kind and selling
access is not qualitatively different from giving special preference to those who spent money on one's behalf.»
Just as he couched his education reforms in arguments of ensuring
access to top schooling for all children regardless of background, Gove sees his central mission as closing the gap
between the experiences of those at opposite ends of the
justice system.
Pacific nation that was site of 67 nuclear tests
between 1946 and 1958 accuses states of flagrant denial of human
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Equitable
access of all human beings, in current and future generations, to the conditions needed for human well - being — socio - cultural, economic, political, ecological, and in particular food, water, shelter, clothing, energy, healthy living, and satisfying social and cultural relations — without endangering any other person's
access; equity
between humans and other elements of nature; and social, economic, and environmental
justice for all.
In effect, the ECJ was thus faced with a dilemma
between, on the one hand, ensuring a high level of environmental protection and wide
access to
justice and, on the other, ensuring expediency of decision - making and autonomy of national procedural law.
As reported in a recent article in The Lawyers Weekly, Hadfield has been exploring the relationship
between law and technology and how it impacts
access to
justice.
Each law school appoints a staff member to serve as champion / leader for engaging discussion
between the school and
justice system stakeholders, including the public, about the role of law schools in supporting equal
access to
justice.
Alarie: feedback for the algorithm, conversation
between all players involved; data, time, learning from new cases; learn to trust the algorithms; mistake to rush to acceptance but also to ignore these technologies; co-evolution; pay off more transparency, better
access to
justice, consistency, validating, becomes a public utility?
CuroStudio is a partnership
between CuroLegal, Lawyerist, Billie Tarascio, and the Mile 2 software development shop with the goal of closing the
access - to -
justice gap.
The Secret Barrister has pledged royalties from this campaign to the Bar Pro Bono Unit and the publisher, Pan MacMillan, has pledged to match the donation to be split
between Law Works (the solicitor's pro bono charity) and Legal Action Group (LAG, the
Access to
Justice charity).
New York Chief Judge John Lippman echoed this connection
between access to civil
justice and public safety when he stated: «If what happens inside this courthouse or any courthouse... is anything short, even by the smallest amount, of promoting equal
justice... [t] he most vulnerable in our society, they're the ones who have suffered the most.»
Moreover, one could imagine different judges concluding (1) that court fees are never permissible or (2) that exemptions are not always necessary or (3) that this particular fees regime was reasonable because it allowed for exemptions for impoverished litigants; indeed, the regime aimed to strike a delicate balance
between the interests of individual litigants and the public interest in effective, efficient
access to
justice (see Rothstein J.'s dissent, paras. 103 - 112).
«In the UK, regulatory liberalization has had only one documented
access to
justice benefit; motor personal injury claims more than doubled
between 2005 - 2013.»
In her 2012 testimony before the Task Force to Expand
Access to Civil Legal Services in New York, District Attorney Kathleen Rice described the link between the civil access to justice gap and public safety in this m
Access to Civil Legal Services in New York, District Attorney Kathleen Rice described the link
between the civil
access to justice gap and public safety in this m
access to
justice gap and public safety in this manner:
By: Sarah Burton PDF Version: Life, Liberty, and the Right to CanLII: Legal Research Behind Bars Case Commented On: R v Biever, 2015 ABQB 301 The link
between access to information and
access to
justice is not often discussed, but... Continue reading →
She saw how a failure to ask the right questions and share data
between departments severely limited
access to
justice for at - risk youth.
At the same time, regulators need to take a hard look at the balance
between public protection and
access to
justice, removing unnecessary impediments to the latter while keeping in mind that the public is not protected when there's no
access to
justice.
But the
access to
justice potential and ability to foster collaboration
between the bar seems to outweigh these concerns.
I mean it's this interesting dynamic that we've talked about on the show before where there's for sure the distinction
between access to
justice and
access to lawyers, and that you can have your legal problem or your life problem with legal implications solved without necessarily needing to engage a lawyer, so not all
access to
justice problems are
access to lawyer problems.
[This is the second part of my two - part column pondering the relationship
between access to law schools and
access to
justice in Canada.
Instead of doubting the role of pro bono, Burns says governments and the legal profession should focus on creating a more seamless co-ordination
between pro bono services and other ways of addressing
access to
justice.
Between submission and publication of this column, Omar Ha - Redeye posted a very informed and insightful Slaw entry entitled, «
Access to
Justice Starts With Legal Tuition ``.
If the current gaps in
access to
justice across Canada are to be filled, we will need to see a greater degree of collaboration
between sectors and professions.
It is therefore important for law and
access to
justice policy - makers to take into account differences within the disability community, as well as differences
between persons with disabilities and those without disabilities.
Although it is tempting to argue that the licensing system should be understood to have an additional goal of ensuring
access to legal services, I will instead argue that, at the least, any review of licensing requirements ought to consider the relationship
between the licensing system and
access to
justice.
They also detail the relationship
between access to
justice and human rights and offer recommendations to help governments find a way forward (you can read the Canadian Human Rights Councils submission here)
As these Initiatives unfold, we are increasingly convinced of the interplay
between the two: that opportunities, transformations, and cultural shifts engendered by innovation can be leveraged towards positive changes in
access to
justice, and conversely, that
access to
justice can grow through, amongst other things, a reinvention of the delivery of legal services.
However, a distinction must be made
between facilitating and prioritising
access to
justice.
The suggestion that there is an analogy
between their struggle to achieve equality and these petitioners» concerted efforts to deny women equal
access to a constitutionally protected privilege may have rhetorical appeal, but it is insupportable on the record before us...»
Justice Stevens also noted that Bray «presents a striking contemporary example of the kind of zealous, politically motivated, lawless conduct that led to the enactment of the Ku Klux Act in 1871 and gave it its name.»
The report — Cuts that Hurt: The impact of legal aid cuts on
access to
justice — draws on research conducted
between October last year and June, including interviews with 30 individuals not eligible for legal aid as a result of LASPO.
The domestic question is the balancing exercise
between a civil
justice process that pays for itself (thus meeting the Osborne goal of an economy in surplus) and the level at which fees affect
access to
justice, either broadly or upon the state's obligations under Art 6.
In a recent Slaw blog, Malcolm Mercer thoughtfully explores how information asymmetry
between legal service providers and consumers may impact
access to
justice.
Also, with a very different regime in the UK compared to the US, the cost of bringing large group actions can be prohibitive here and funding can and has made the difference
between shareholders being able to seek redress through the courts and getting
access to
justice.
Canadian viewers captivated by the series can now tune in to The Docket, a weekly podcast by Michael Spratt, an Ottawa - based criminal defence lawyer, and Emilie Taman, a prosecutor, who discuss the series in the context of
access to
justice and the differences
between the Canadian and American criminal
justice systems.
While there may be some correlation
between the gender ratio for lawyers in
access to
justice organizations with those in government and in - house positions, that doesn't explain what I'm seeing in law school.
After engaging this afternoon in a discussion about a number of issues related to ongoing
access to
justice, I continued thinking about the barriers that stand
between ordinary people with legal problems and their effective
access to
justice.
The concept of unbundled legal services has been recognized as a measure to improve
access to
justice for those who fall into the wide and growing gap
between Canadians who can afford full representation and those who qualify for legal aid.
We also talk about the important differences
between access to law,
access to lawyers, and
access to
justice.
The lack of communication
between consumers and consumer protection agencies represents a serious issue for
access to
justice concerns.
The balance
between procedure and
access struck by our
justice system must come to reflect modern reality and recognize that new models of adjudication can be fair and just....
This option would increase flexibility for those in the position to choose
between the administrative system and the court, but may undermine the statutory system and create serious
access to
justice issues.
Often, for our most vulnerable clients, the gap
between promised equality and the reality of
access to the
justice system seems intractable.
The following section outlines the predominant theories on what the future holds for
access to
justice reform, and what it will take to rebuild a healthy relationship
between the
justice system and the community.
I don't think there's much of a difference in how people approach legal hacking from country to country because issues like
access to
justice, the integration of technology into law practice, and the relationship
between existing laws and emerging technologies are all global issues.
Honourable Beverley McLachlin, Chief
Justice of Canada, in order to develop consensus and priorities around improving access to civil and family justice in Canada, while also encouraging cooperation and collaboration between all stakeholders in the justice
Justice of Canada, in order to develop consensus and priorities around improving
access to civil and family
justice in Canada, while also encouraging cooperation and collaboration between all stakeholders in the justice
justice in Canada, while also encouraging cooperation and collaboration
between all stakeholders in the
justice justice system.
Common challenges include: legal education reform and preparing lawyers for a future that is already here; solving
access to
justice; defending the rule of law; creating appropriate guidelines for social media, ensuring that its role in the court of public opinion does not marginalize the legal system; and narrowing the delta
between current legal delivery methods and customer needs and expectations.
The Foundation is currently focused on the
access to
justice crisis; legal education — and more specifically the delta
between academic training and market readiness; and how to harness technology to improve legal
access and delivery, especially in the «retail» market segment.