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Sociology of Crime, Law and Deviance
Type: Book
ISBN: 978-1-84950-889-6

Book part
Publication date: 17 August 2020

Yolanda Patrice Jones

Librarians have been urged to emphasize social justice and human rights issues in their library mission, but they may find themselves challenged to provide additional services…

Abstract

Librarians have been urged to emphasize social justice and human rights issues in their library mission, but they may find themselves challenged to provide additional services, such as access to legal information for those who cannot afford an attorney. Social justice services in libraries are seldom adequately funded and providing services in this area is labor intensive. In addition, there is an emotional intensity in library services for social justice that is often not considered in the initial enthusiasm of providing services in this area. Yet there seems to be no limit to the need. An interesting and useful perspective on how a public agency such as a library responds in circumstances of limited resources and unlimited demand can be found in the book Street-Level Bureaucracy: Dilemmas of the Individual in Public Service, by Michael Lipsky. In this perspective, lower level civil servants who interact directly with members of the general public exercise a level of discretion in the amount of services provided and how those services are administered. This chapter explores how this can generate tensions between more traditional library bureaucracy and social justice services, such as providing public access to justice resources in law libraries. However, the “street-level” response is evolving into a sustainability perspective as librarians embrace a more social justice–oriented outlook in library service planning.

Book part
Publication date: 19 May 2021

Rachel Hale, Melina Stewart-North and Alistair Harkness

Disasters significantly reduce the accessibility of justice particularly in rural locations. The bushfires, which ravaged three states in the south-east of Australia in late 2019…

Abstract

Disasters significantly reduce the accessibility of justice particularly in rural locations. The bushfires, which ravaged three states in the south-east of Australia in late 2019 and early 2020, have had catastrophic social and economic impacts on people, animals and places in rural areas. In the aftermath of disasters, people by necessity must inevitably avail themselves of legal advice and services: to negotiate new business contracts; re-mortgage property; access wills and testaments; attend court; and for a host of other matters. In rural communities, where access to legal services is already limited by distance and circumstance, disasters create increased demand, and access issues are accentuated. This chapter explores access to justice issues in post-disaster context and as they relate to rural, regional and remote communities. It draws upon post-disaster experiences nationally and internationally, outlining responses to improve access to legal services past and present, identifying effective responses. It argues that rurality creates additional barriers and reduces access to justice, and that disasters exacerbate existing access issues as well as creating new challenges.

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Legal Professions: Work, Structure and Organization
Type: Book
ISBN: 978-0-76230-800-2

Book part
Publication date: 4 July 2019

Evgenia Frolova, Agnessa Inshakova and Vladimira Dolinskaya

The chapter is prepared on the basis of previous scientific developments of the author, as well as the current legislation of the United States of America. The following laws were…

Abstract

Materials

The chapter is prepared on the basis of previous scientific developments of the author, as well as the current legislation of the United States of America. The following laws were studied: Truth in Lending Act; Electronic Fund Transfers Act; Fair Credit Reporting Act; Consumer Leasing Act; Consumer Protection Act; Equal Credit Opportunity Act; Fair Debt Collection Practices Act; Real Estate Settlement Procedures Act; Privacy of Consumer Financial Information Act; Home Mortgage Disclosure Act; Alternative Mortgage Parity Act; Code of Arbitration Procedure for Customer Conflicts – Customer Code; and Code of Arbitration Procedure for Industry Conflicts. One of the new US laws was analyzed – Arbitration Fairness Act, 2017. Data was also used from the Final Report to Congress on the use of pre-dispute arbitration clauses in consumer financial services contracts, 2015, and information resources available on the websites of financial regulators: the Federal Reserve, the Federal Deposit Insurance Corporation, the Office of the Currency Comptroller, the National Administration of Credit Unions, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Federal Agency for Housing Finance, the Financial Bureau Consumer Protection, Financial Industry Regulatory Authority, and American Arbitration Association.

Methods

Methodologically, the research is based on the author's materialistic worldview, which is implemented meaningfully in a positivist approach to the scientific article. In preparing the chapter, general scientific methods were applied: formal logic, system-functional, historical, analysis and synthesis, induction and deduction; special methods: mathematical, and statistical. Also the author applied private scientific methods of jurisprudence: normative-dogmatic, method of legal and technical design, interpretation of law, and others.

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“Conflict-Free” Socio-Economic Systems
Type: Book
ISBN: 978-1-78769-994-6

Abstract

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Local Government Shared Services Centers: Management and Organizations
Type: Book
ISBN: 978-1-83982-258-2

Book part
Publication date: 24 September 2010

William D. Henderson

Over the last several decades, virtually all large U.S. law firms have adopted a human capital strategy that emphasizes academic performance and the prestige of the law school…

Abstract

Over the last several decades, virtually all large U.S. law firms have adopted a human capital strategy that emphasizes academic performance and the prestige of the law school attended. Although this focus is rooted more in tradition than in hard empirical evidence that it produces a competitive advantage, the question has long been irrelevant for most law firms because of the perennial rise in profits. If the model is not broken, the adage runs, why fix it? Drawing upon extensive historical and contemporaneous evidence, this essay argues that the limitations of the traditional credentials-based model have been masked by a steady multidecade surge in the demand for corporate legal services. Further, various data and trendlines suggest that the growth in demand for corporate legal services is beginning to flatten out. In the coming years, many large corporate law firms will be in the unfamiliar position of competing over market share. Unlike the relative calm and prosperity of the prior era, their survival will likely depend upon a human capital strategy that asks and answers several basic empirical questions regarding the selection and development of lawyers.

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Special Issue Law Firms, Legal Culture, and Legal Practice
Type: Book
ISBN: 978-0-85724-357-7

Book part
Publication date: 10 June 2019

Shauhin Talesh and Jérôme Pélisse

This article explores how legal intermediaries facilitate or inhibit social change. We suggest the increasing complexity and ambiguity of legal rules coupled with the shift from…

Abstract

This article explores how legal intermediaries facilitate or inhibit social change. We suggest the increasing complexity and ambiguity of legal rules coupled with the shift from government to governance provide legal intermediaries greater opportunities to influence law and social change. Drawing from new institutional sociology, we suggest rule-intermediaries shape legal and social change, with varying degrees of success, in two ways: (1) law is filtered through non-legal logics emanating from various organizational fields and (2) law is professionalized by non-legal professionals. We draw from case studies in the United States and France to show how intermediaries facilitate or inhibit social change.

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Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78973-727-1

Keywords

Book part
Publication date: 18 April 2009

Masayuki Murayama

Purpose – To find major determinants of access to legal services and consider an effective way of expanding access to lawyers.Methodology – (1) A survey of Japanese individuals…

Abstract

Purpose – To find major determinants of access to legal services and consider an effective way of expanding access to lawyers.Methodology – (1) A survey of Japanese individuals between 20 and 70 years of age, conducted in 2005; (2) A survey of visitors at legal advice centers of Bar Associations, conducted in 2007 and (3) A survey of visitors at law offices, also conducted in 2007.Finding – The use of a lawyer for legal services is not affected by income or a general knowledge of the law, but by the past experience of using a lawyer and personal connections with a legal professional. Both lawyers and people have anxieties about each other. Thus, a lawyer wants to accept a client who is introduced by someone that the lawyer knows personally. People who seek legal advice also worry about the cost and the unapproachabilility of lawyers. Direct or indirect personal connections help to reduce such anxieties. This traditional pattern of legal access is found among visitors at law offices. However, visitors at legal advice centers do not have such experience or connections. Legal advice centers, rather than to law offices, could expand access to lawyers more effectively, because the former is easier for people without personal connections to get access to legal advice.Research limitations – The response rate of the office survey is very small.Value of chapter – It contributes to a current debate on what affects the use of a lawyer and suggests a policy for expanding access to lawyers in Japan.

Details

Access to Justice
Type: Book
ISBN: 978-1-84855-243-2

Book part
Publication date: 5 August 2019

Gabrielle E. Clark

Since the late 1970s, US employers have increasingly drawn upon legal temporary labor under the H-2 visa to address their labor needs in low-waged sectors. Ever since, what Clark…

Abstract

Since the late 1970s, US employers have increasingly drawn upon legal temporary labor under the H-2 visa to address their labor needs in low-waged sectors. Ever since, what Clark calls migrant labor activism and conflict in the courts has similarly erupted. However, as she argues in this chapter, making “adversarial legalism” the H-2 way of law has also been a story of comparative state formation. For, the litigation largely reflects the structure of labor migration created after the demise of government-run migration. In this regard, activists wrestle with the problems created by the new role of global labor intermediaries in the recruitment process, absolute employer control over hiring and firing, and the coercion produced in the shadow of a now minimally interventionist state. Drawing upon archival research, interviews with legal professionals, and the entire case law docket in this area, this chapter puts “adversarial legalism” under the H-2 visa in its historical and political context.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-83867-058-0

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