Civil Justice After Covid: A Change For The Better? PDF Download

Author: Anthony Reeves
Publisher:
ISBN: 9781913776084
Category :
Languages : en
Pages : 200

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Book Description
This new book, Civil Justice after COVID, provides a far reaching focus on the Civil Justice System and how it operated pre-COVID 19 and also on how the whole civil justice system will (and should change) after COVID. The onset of the pandemic has highlighted numerous problems with the old system and also shone a light on what changes will be needed to enable it to adapt and operate more efficiently.

Author: Alyx Mark
Publisher:
ISBN: 9780700638253
Category : Law
Languages : en
Pages : 0

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Book Description
"The COVID-19 pandemic changed the work practices of nearly every industry around the globe, forcing institutions to quickly adapt to the evolving public health emergency. The state court systems in the United States-from trial courts all the way up the hierarchy to state supreme courts-were no exception. In response to the crisis, they were forced to make dramatic changes to the way they processed cases. The alterations ranged from selecting which types of cases should be prioritized (e.g., petitions for emergency protective orders) or delayed (e.g., small claims) to choices about which standards for filing documents (e.g., via email as opposed to paper) and appearing at hearings (e.g., via video or phone without special permission) could be relaxed. Decisions like these challenge prevailing explanations of how power manifests and process operates in state judiciaries. Informed by an extensive data collection effort-encompassing administrative orders disseminated across state court hierarchies, as well as insights from nearly sixty interviews with elite court actors who participated in constructing and implementing them during the pandemic-Courts Unmasked uses the COVID-19 pandemic as the vehicle for exposing and unpacking the realities of power and process in state civil courts and what this might mean for the future of civil justice reform"--

Author: Nicholas Michael Pace
Publisher:
ISBN:
Category :
Languages : en
Pages : 127

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Book Description
As the 2019 coronavirus disease (COVID-19) rapidly spread throughout the United States during spring 2020, the civil justice system was forced to restructure almost overnight. COVID-19 led to unique challenges for court administrators and judges, who tried to find ways to serve litigants' continuing needs to have their disputes resolved in a fair, timely, and efficient manner while also taking important steps to protect the health of court staff, attorneys, witnesses, and the public. Some courts shut down completely; others repeatedly postponed trials and all but the most crucial in-person proceedings while essentially every jurisdiction moved into an unfamiliar world where masks and social distancing became the new normal. The pandemic also resulted in a seismic shift to remote online activity, with virtual appearances and hearings becoming an increasingly common event. Although some of these changes might be temporary, others could have long-lasting implications for the future of the civil justice system. The RAND Institute for Civil Justice and the UC Berkeley Civil Justice Research Initiative hosted a virtual conference to discuss the implications of the COVID-19 pandemic on the courts. The first panel of the day examined how the pandemic has affected civil juries, the second panel considered challenges for pretrial case management, and the third panel addressed implications that the pandemic might have for federal and state civil rules. During the final panel, speakers discussed lessons from the pandemic that could be applied to the civil justice system even after circumstances eventually return to "normal."

Author: I. Glenn Cohen
Publisher: Cambridge University Press
ISBN: 1009265741
Category : Law
Languages : en
Pages : 427

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Book Description
The COVID-19 pandemic has had an enduring effect across the entire spectrum of law and policy, in areas ranging from health equity and racial justice, to constitutional law, the law of prisons, federal benefit programs, election law and much more. This collection provides a critical reflection on what changes the pandemic has already introduced, and what its legacy may be. Chapters evaluate how healthcare and government institutions have succeeded and failed during this global 'stress test,' and explore how the US and the world will move forward to ensure we are better prepared for future pandemics. This timely volume identifies the right questions to ask as we take stock of pandemic realities and provides guidance for the many stakeholders of COVID-19's legal legacy. This book is also available as Open Access on Cambridge Core.

Author: John Sorabji
Publisher: Cambridge University Press
ISBN: 1107051665
Category : Law
Languages : en
Pages : 283

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Book Description
John Sorabji examines the theoretical underpinnings of the Woolf and Jackson reforms to the English and Welsh civil justice system. He discusses how the Woolf reforms attempted, and failed, to effect a revolutionary change to the theory of justice that informed how the system operated. It elucidates the nature of those reforms, which through introducing proportionality via an explicit overriding objective into the Civil Procedure Rules, downgraded the court's historic commitment to achieving substantive justice or justice on the merits. In doing so, Woolf's new theory is compared with one developed by Bentham, while also exploring why a similarly fundamental reform carried out in the 1870s succeeded where Woolf's failed. It finally proposes an approach that could be taken by the courts following implementation of the Jackson reforms to ensure that they succeed in their aim of reducing litigation cost through properly implementing Woolf's new theory of justice.

Author: Brian T. Fitzpatrick
Publisher: University of Chicago Press
ISBN: 022665933X
Category : Law
Languages : en
Pages : 283

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Book Description
Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.

Author: Ellie Palmer
Publisher: Bloomsbury Publishing
ISBN: 1849469334
Category : Law
Languages : en
Pages : 399

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Book Description
Building on a series of ESRC funded seminars, this edited collection of expert papers by academics and practitioners is concerned with access to civil and administrative justice in constitutional democracies, where, for the past decade governments have reassessed their priorities for funding legal services: embracing 'new technologies' that reconfigure the delivery and very concept of legal services; cutting legal aid budgets; and introducing putative cost-cutting measures for the administration of courts, tribunals and established systems for the delivery of legal advice and assistance. Without underplaying the future potential of technological innovation, or the need for a fair and rational system for the prioritisation and funding of legal services, the book questions whether the absolutist approach to the dictates of austerity and the promise of new technologies that have driven the Coalition Government's policy, can be squared with obligations to protect the fundamental right of access to justice, in the unwritten constitution of the United Kingdom.

Author: David Freeman Engstrom
Publisher: Cambridge University Press
ISBN: 1009255339
Category : Law
Languages : en
Pages : 417

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Book Description
New digital technologies, from AI-fired 'legal tech' tools to virtual proceedings, are transforming the legal system. But much of the debate surrounding legal tech has zoomed out to a nebulous future of 'robo-judges' and 'robo-lawyers.' This volume is an antidote. Zeroing in on the near- to medium-term, it provides a concrete, empirically minded synthesis of the impact of new digital technologies on litigation and access to justice. How far and fast can legal tech advance given regulatory, organizational, and technological constraints? How will new technologies affect lawyers and litigants, and how should procedural rules adapt? How can technology expand – or curtail – access to justice? And how must judicial administration change to promote healthy technological development and open courthouse doors for all? By engaging these essential questions, this volume helps to map the opportunities and the perils of a rapidly digitizing legal system – and provides grounded advice for a sensible path forward.

Author: National Intelligence Council
Publisher: Cosimo Reports
ISBN: 9781646794973
Category :
Languages : en
Pages : 158

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Book Description
"The ongoing COVID-19 pandemic marks the most significant, singular global disruption since World War II, with health, economic, political, and security implications that will ripple for years to come." -Global Trends 2040 (2021) Global Trends 2040-A More Contested World (2021), released by the US National Intelligence Council, is the latest report in its series of reports starting in 1997 about megatrends and the world's future. This report, strongly influenced by the COVID-19 pandemic, paints a bleak picture of the future and describes a contested, fragmented and turbulent world. It specifically discusses the four main trends that will shape tomorrow's world: - Demographics-by 2040, 1.4 billion people will be added mostly in Africa and South Asia. - Economics-increased government debt and concentrated economic power will escalate problems for the poor and middleclass. - Climate-a hotter world will increase water, food, and health insecurity. - Technology-the emergence of new technologies could both solve and cause problems for human life. Students of trends, policymakers, entrepreneurs, academics, journalists and anyone eager for a glimpse into the next decades, will find this report, with colored graphs, essential reading.

Author: Emily Bazelon
Publisher: Random House Trade Paperbacks
ISBN: 039959003X
Category : Social Science
Languages : en
Pages : 450

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Book Description
NEW YORK TIMES BESTSELLER • A renowned journalist and legal commentator exposes the unchecked power of the prosecutor as a driving force in America’s mass incarceration crisis—and charts a way out. “An important, thoughtful, and thorough examination of criminal justice in America that speaks directly to how we reduce mass incarceration.”—Bryan Stevenson, author of Just Mercy “This harrowing, often enraging book is a hopeful one, as well, profiling innovative new approaches and the frontline advocates who champion them.”—Matthew Desmond, author of Evicted FINALIST FOR THE LOS ANGELES TIMES BOOK PRIZE • SHORTLISTED FOR THE J. ANTHONY LUKAS BOOK PRIZE • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY NPR • The New York Public Library • Library Journal • Publishers Weekly • Kirkus Reviews The American criminal justice system is supposed to be a contest between two equal adversaries, the prosecution and the defense, with judges ensuring a fair fight. That image of the law does not match the reality in the courtroom, however. Much of the time, it is prosecutors more than judges who control the outcome of a case, from choosing the charge to setting bail to determining the plea bargain. They often decide who goes free and who goes to prison, even who lives and who dies. In Charged, Emily Bazelon reveals how this kind of unchecked power is the underreported cause of enormous injustice—and the missing piece in the mass incarceration puzzle. Charged follows the story of two young people caught up in the criminal justice system: Kevin, a twenty-year-old in Brooklyn who picked up his friend’s gun as the cops burst in and was charged with a serious violent felony, and Noura, a teenage girl in Memphis indicted for the murder of her mother. Bazelon tracks both cases—from arrest and charging to trial and sentencing—and, with her trademark blend of deeply reported narrative, legal analysis, and investigative journalism, illustrates just how criminal prosecutions can go wrong and, more important, why they don’t have to. Bazelon also details the second chances they prosecutors can extend, if they choose, to Kevin and Noura and so many others. She follows a wave of reform-minded D.A.s who have been elected in some of our biggest cities, as well as in rural areas in every region of the country, put in office to do nothing less than reinvent how their job is done. If they succeed, they can point the country toward a different and profoundly better future.