Liman Public Interest Workshop: Rationing Law: Subsidizing Access to Justice in Democracies (21534). 2 units, credit/fail, with a graded option. This workshop will consider how law is currently rationed. In the United States and elsewhere, constitutional and statutory commitments to access to courts and enforcement of rights are challenged by high demands for services, high arrest and detention rates, and declining government budgets. Our topics and questions address two kinds of access: of litigants to use the system and of the public to know about the processes and outcomes of the judgments rendered. Our plan is to examine, comparatively, how courts, litigants, and criminal justice detention are financed; when and where government subsidies are deployed; the sources of the high demand for civil and criminal litigation; and how and why certain kinds of cases give rise to claims of “litigiousness,” “over-criminalization,” and “excessive” punishment. At issue are controversies over subsidies for civil and criminal litigants (counsel, experts, transcripts, interpreters and other forms of assistance); whether "paths to justice" should focus on lawyers and courts or on other forms of services and service providers; the roles played by gender, race, ethnicity, age, and class in courts; efforts to remodel courts to address certain kinds of claims (veterans, mental health, drugs, reentry, family, business); obligations of “open courts”; and the roles, rights, and functions of third partices -- the public and media. The comparisons will include differences in state and federal, domestic and transnational, civil and criminal, and administrative and judicial proceedings. Throughout, we will look at how social and political movements have affected and do affect our understandings of what constitutes fairness and justice. All students participating credit/fail must submit six comments on readings. For graded credit, students will write a paper of no more than twenty pages on a topic of their choice related to the seminar and drawing upon the course materials. If students want to use the paper for Supervised Analytic Writing or Substantial Paper credit, they may do so, with permission of the instructors, and also receive an additional unit of credit. J. Resnik and J. Kalb.
SLB - 124 (Mon) Grade mode: graded or credit/fail CRN: 20436
Exam: 5/04/2014 - 5/14/2014 Questions available online Name or Id: Id Notes: Length: Entire exam period.