Simplified Courts Can't Solve Inequality
Author(s) -
Colleen F. Shanahan,
Anna E. Carpenter
Publication year - 2019
Publication title -
daedalus
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.34
H-Index - 55
eISSN - 1548-6192
pISSN - 0011-5266
DOI - 10.1162/daed_a_00545
Subject(s) - legislature , inequality , state (computer science) , government (linguistics) , face (sociological concept) , political science , economic justice , law , socioeconomic status , law and economics , sociology , computer science , mathematical analysis , mathematics , algorithm , social science , linguistics , philosophy , population , demography
State civil courts struggle to handle the volume of cases before them. Litigants in these courts, most of whom are unrepresented, struggle to navigate the courts to solve their problems. This access-to-justice crisis has led to a range of reform efforts and solutions. One type of reform, court simplification, strives to reduce the complexity of procedures and information used by courts to help unrepresented litigants navigate the judicial system. These reforms mitigate but do not solve the symptoms of the larger underlying problem: state civil courts are struggling because they have been stuck with legal cases that arise from the legislative and executive branches' failure to provide a social safety net in the face of rising inequality. The legal profession and judiciary must step back to question whether the courts should be the branch of government responsible for addressing socioeconomic needs on a case-by-case basis.
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