Access to Justice and Simplifying the Legal System

If Access to Justice (A2J) is to be something other than a catch-phrase or a pipe dream, lawyers, judges, court administrators, and law librarians need to think, plan, and act creatively on micro and macro initiatives.

Many ideas are already on drawing boards, in app programmer hands, and in pilot project status.  Court Simplification is another A2J Big Idea and here are some places to read about it:

1) You can Google the phrase “court simplification” for information.

2) Richard Zorza’s Drake Law Review paper on simplification: “Some First Thoughts on Court Simplification: The Key to Civil Access and Justice Transformation.” [Link directly to PDF.]

…. To summarize the approach proposed here: We must find ways to radically simplify the legal dispute resolution system so it becomes much more accessible and so the costs of accessing and operating the system dramatically decrease. Such an increase in access will lead to an improvement in the justness and fairness of outcomes….” [Link to full article.]

3) Related Zorza post on courts, budgets, and access to justice, June 17, 2013: “Professor in Nederlands On Strategies for Access Change,” notes from the International Legal Aid Group meeting in the Nederlands

Richard Zorza homepage.

Consumer Protection Resources for Military Personnel in Oregon

We often hear about the Servicemembers Civil Relief Act (SCRA) in the arena of civil court cases such as divorce, evictions, foreclosures, and default judgments.  However, the SCRA offers other consumer protections to deployed and disabled veterans.  The  Oregon Department of Justice’s Veteran Resources website offers information on consumer protections offered by the SCRA in Oregon including:

  • reinstatement of existing insurance policies after returning from active duty
  • reduced interest rates on existing financial obligations
  • termination of real estate leases
  • termination of automobile leases

The 2013 Oregon Legislature has a proposed bill (due for its final vote on June 11th) that will increase consumer protection benefits for active duty personnel.  Under House Bill 2083, an active duty service member can terminate or suspend the following services upon written notice to the service providers:

  • telecommunications services
  • internet services
  • health spa services
  • exercise or athletic activities offered by a health club
  • television services

Service members with consumer protection complaints can contact the Oregon Attorney General’s Consumer Hotline at 1-877-877-9392.

The Oregon Department of Veterans Affairs has more information on SCRA its benefits.  See our previous posts on the SCRA and other legal resources for military personnel here.

 

Freedom of Information (FOI) Day, March 15, 2013

Read about FOI Day at the Newseum, to commemorate the (March 16th) birthday of James Madison.

Federal Freedom of Information Act.

How to file a federal Freedom of Information Act (FOIA) Request.

How to file an Oregon Freedom of Information Act Request: Oregon Department of Justice and Open-Oregon.

More Free, Searchable Federal Court Opinions

From U.S. Courts News, 1/31/13: Access to Court Opinions Expands

A pilot project giving the public free, text-searchable, online-access to court opinions now is available to all federal appellate, district and bankruptcy courts….” [Link to full news release.]

Access will be through FDsys.

Printz v. U.S. (1997): Dual Sovereignty, Federalism, States Rights

This case arises in discussions of the Second  Amendment of the U.S. Constitution.

You can find the U.S. Supreme Court’s opinion in Printz v. United States online using just about any search engine, for example, Google Scholar. (Make sure you click on Legal Documents if you want cases.)

You can also use other free legal research online resources.

Printz v. U.S.
U.S. Supreme Court (95-1478)
521 U.S. 898
Argued December 3, 1996
Decided June 27, 1997

Excerpt:

“…. Today we hold that Congress cannot circumvent that prohibition by conscripting the States’ officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program. It matters not whether policymaking is involved, and no case-by-case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty. Accordingly, the judgment of the Court of Appeals for the Ninth Circuit is reversed….”

Should the U.S. Constitution be Untouchable?

Is rewriting the U.S. Constitution really that much of a “dangerous idea?”

See, e.g. Op-Ed Contributor, Louis Michael Seidman, “Let’s Give Up on the Constitution,” New York Times, December 30, 2012.

If business and labor models are changing, why aren’t government models?

See also, from the Institute for the Future website: Aligning Business and Community Interests: A Recipe for Hope in Volatile Times,” Aug 13, 2012, by Tracey Grose, who reviews Robert H. Girling’s books, “The Good Company.”

Emancipation Proclamation, January 1, 1863

President Abraham Lincoln’s Emancipation Proclamation.

The Emancipation Proclamation
January 1, 1863
A Transcription

By the President of the United States of America:

A Proclamation.

Whereas, on the twenty-second day of September, in the year of our Lord one thousand eight hundred and sixty-two, a proclamation was issued by the President of the United States, containing, among other things, the following, to wit:

“That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free; and the Executive Government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom….” [Link to full transcript.]

Other Presidential Proclamations can also be found at the National Archives.

Your Congress and Tax Dollars at Work: 2012 CRS Report on Gun Legislation

Link to report from FGI: “Gun Control Legislation,” by William J. Krouse, Specialist in Domestic Security and Crime Policy, Congressional Research Service, RL32842 (November 14, 2012)

How does your member of Congress know what to think about complex issues?

Members of Congress, and their staff members, have access to CRS Reports and many, many other sources of information, thanks to the expert research services of the Library of Congress. Members of Congress also receive briefings and reports from administrative agencies, colleagues, PACs, nonprofits, advocacy groups, and individuals who write or telephone their elected officials.

Our members of Congress have not made CRS Reports freely available through any publicly accessible government database. You cannot find them at Congress dot gov, Thomas, or at USA dot gov.

The CRS reports are, arguably accordingly to some members of Congress, public documents and many organizations make CRS reports available to the public. You can search for them using an Internet search engine, assuming you know the report title and the date of the recent version, or you can look for an organization that compiles CRS Reports for their own researchers, but also willingly shares with the public.

Some institutions develop subject specialties, e.g. the University of Maryland Thurgood Marshall Law Library.

See also Stanford University’s CRS Archive-it database, Zimmerman’s Research Guide, University of Washington Gallgher Law Library, and the Naval Postgraduate Schoo”s Dudley Knox Library.

You can also contact directly one of your members of Congress and ask for a copy of the report or names of recent reports or if there is a report on a particular subject. In pre-Web days, one often had to allow about 6 weeks for the report to appear in the mail. These days it takes less time than that, though how much less depends on how your member of Congress directs his or her staff to respond to requests for CRS Reports.

Free Federal Rules of Procedure and Evidence eBooks

CALI and the Legal Information Institute join forces to provide free ebooks of the Federal Rules of Civil Procedure, Federal Rules of Criminal Procedure and the Federal Rules of Evidence.

From CALI/LII:

The 2013 Editions (effective December 1, 2012) as well as the 2012 and 2011 editions can be found on the eLangdell Bookstore.

Their Federal Rules ebooks include:

The complete rules as of December 1, 2012 (for the 2013 edition).
All notes of the Advisory Committee following each rule.
Internal links to rules referenced within the rules.
External links to the LII website’s version of the US Code.

These rules are absolutely free for you to download, copy and use however you want.  Please feel free to add them to your catalog or store a copy in your institutional repositories. However, they aren’t free to make.  If you’d like to donate some money to LII instead of paying money to commercial publishers, they’ve set up a donation page. A little money donated to LII goes a long way towards making the law free and accessible to all.” [Link to the CALI/LII federal rules website.]