Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-j824f Total loading time: 0 Render date: 2024-11-18T07:36:13.959Z Has data issue: false hasContentIssue false

2 - Life in the Law-Thick World: Legal Resources for Ordinary Americans

from PART I - CURRENT STATE OF ACCESS TO LEGAL SERVICES

Published online by Cambridge University Press:  05 May 2016

Gillian K. Hadfield
Affiliation:
University of Southern California
Jamie Heine
Affiliation:
University of Southern California
Samuel Estreicher
Affiliation:
New York University School of Law
Joy Radice
Affiliation:
University of Tennessee School of Law
Get access

Summary

Gillian Hadfield and Jamie Heine demonstrate that a very small percentage of the legal resources in the vast U.S. legal market is delivered on behalf of poor or middle-income people – indeed, overall the U.S. devotes fewer resources on a per case basis to courts, judges, legal aid, and even in some cases lawyers than Western European countries. Americans of modest means are more likely to “lump” their legal problems together and do nothing about them than their European counterparts. One important factor is the greater availability of non-lawyer assistance in Europe, which suggests an important avenue for U.S. reform.

Ours is a law-thick world. Most advanced market democracies are pervaded by laws and rules that structure social and economic relationships. Ordinary people, businesses, and institutions alike interact with rules and legal principles both formally and informally on a daily basis: the “defining circumstances” of everyday life – employment, consumer transactions, family dynamics, financial matters, and more – all have legal dimensions. The United States has a particularly complex and expansive civil legal system, partly because of America's uniquely adversarial approach to law and policy. Navigating the web of complex rules that comprises our social and economic framework requires legal resources — legal information, advice, documents, representation; the rule of law presumes access to the civil legal system and legal resources. But what does the landscape of legal resources look like for ordinary Americans? Are we living in an environment that is thick with law but thin on legal resources?

Unfortunately, we know very little about the legal—resource landscape, especially when it comes to services for Americans of average means. We don't have a national federally funded research agency like the National Institutes of Health, which distributes over $30 billion in 50,000 grants annually to medical researchers who collect, analyze, and are often required to share, data on disease, medical procedures and the impact of interventions. We don't have the legal equivalent of public health departments, tracking the legal health of communities. We don't have the legal analogs of specialists in epidemiology, studying the causes and patterns of legal problems in communities. While legal academia produces thousands of articles published in law reviews each year, such research typically focuses on law itself, not the public or markets the law serves.

Type
Chapter
Information
Beyond Elite Law
Access to Civil Justice in America
, pp. 21 - 52
Publisher: Cambridge University Press
Print publication year: 2016

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×