The Equal Access to Justice Act in the Federal Courts

1984 ◽  
Vol 84 (4) ◽  
pp. 1089
Author(s):  
John J. Sullivan
Keyword(s):  
Federal Courts ◽  
Equal Access ◽  
Access To Justice

Access to justice in the light of sustainable development: to the 30th anniversary of Ukraine's independence ed. by Yuri Prytyka and Iryna Izarova

2021 ◽  
Keyword(s):  
Sustainable Development ◽  
Equal Access ◽  
Access To Justice ◽  
Effective Protection ◽  
30Th Anniversary ◽  
Thirtieth Anniversary

The thirtieth anniversary of Ukraine's independence is the best time to make conclusions and analyze what was achieved. This book is a collection of papers focused on various aspects of justice performing and the judiciary funcrioning in Ukraine. Jne common idea covers the whole book - ensuring equal access to justice for all and effective protection of the rights of those who seek it.

Achieving Goal 16 of the Sustainable Development Goals and Environmental Lessons for Malaysia

2019 ◽  
Vol 7 (2) ◽  
pp. 233-269
Author(s):  
Sarah Tan
Keyword(s):  
Sustainable Development ◽  
Sustainable Development Goals ◽  
The Philippines ◽  
Public Access ◽  
Equal Access ◽  
Access To Justice ◽  
Access To Information ◽  
2030 Agenda ◽  
Clean Environment ◽  
Development Goals

AbstractOn September 2015, countries around the world pledged to end poverty, protect the planet, and hit specific developmental targets within fifteen years at the signing of th|e United Nations 2030 Agenda. Within the 2030 Agenda are seventeen Sustainable Development Goals (SDG). Goal 16 of the SDG contains twelve targets; of these, Target 16.3 is aimed at ensuring equal access to justice for all and Target 16.10 at ensuring public access to information. Malaysia as a signatory has pledged its commitment to fulfilling these SDGs. This paper's primary focus is on the fulfilment of Targets 16.3 and 16.10 within Malaysia's legal environmental framework. At present, there are provisions that ensure equal access to justice and those that ensure public access to information; however, it is suggested that these are insufficient, uncommon, and limited. This paper proposes an amendment to the Federal Constitution to include the express right to a clean environment, and demonstrates, through comparative study, the success similar provisions have had on the environmental protection laws of other countries such as India, the Philippines, South Africa, Nepal, the Netherlands, and Nigeria. It then considers what possible lessons Malaysia could glean from these national experiences in fulfilling its goals for Targets 16.3 and 16.10 before concluding with the proposition that Malaysia should consider an express constitutional right to a clean environment if she intends to meet her SDG goals.

scholarly journals Parochial Procedure

2018 ◽  
Author(s):  
Maggie Gardner
Keyword(s):  
International Law ◽  
Path Dependence ◽  
Common Law ◽  
Federal Courts ◽  
Institutional Capacity ◽  
Access To Justice ◽  
Forum Non Conveniens ◽  
The Common ◽  
Over Time

69 Stanford Law Review 941 (2017)The federal courts are often accused of being too parochial, favoring U.S. parties over foreigners and U.S. law over relevant foreign or international law. According to what this Article terms the “parochial critique,” the courts’ U.S.-centrism generates unnecessary friction with allies, regulatory conflict, and access-to-justice gaps. This parochialism is assumed to reflect the preferences of individual judges: persuade judges to like international law and transnational cases better, the standard story goes, and the courts will reach more cosmopolitan results.This Article challenges that assumption. I argue instead that parochial doctrines can develop even in the absence of parochial judges. Our sometimes-parochial procedure may be the unintended result of decisionmaking pressures that mount over time within poorly designed doctrines. As such, it reflects not so much the personal views of individual judges, but the limits of institutional capacity, the realities of behavioral decisionmaking, and the path dependence of the common law. This Article shows how open-ended decisionmaking in the midst of complexity encourages the use of heuristics that tend to emphasize the local, the familiar, and the concrete. These decisionmaking shortcuts, by disfavoring the foreign, put a parochial thumb on the scale—but that tilt is not limited to individual cases. Rather, it is locked in and amplified through the accumulation of precedent, as later judges rely on existing decisions to resolve new cases. Over time, even judges with positive conceptions of international law and transnational order will find themselves, in applying these doctrines, consistently favoring U.S. litigants over foreigners and U.S. law over foreign or international law.To explore this theory, the Article traces the evolution of four procedural doctrines: discovery of foreign evidence, forum non conveniens, service of process abroad, and the recognition of foreign judgments. The decisionmaking pressures outlined here can explain why the first two (framed as open-ended standards) are often criticized as parochial while the latter two (framed in more rule-like terms) are not. And if that account is at least plausible, it supports the primary claim of the Article: that the occasional parochialism of our courts does not necessarily reflect the personal prejudices of our judges. If so, then avoiding the costs of parochialism will require structural, not just personal, solutions.

Frederick L.: A Review of the Litigation in Context

1986 ◽  
Vol 52 (4) ◽  
pp. 367-375
Author(s):  
Win L. Tillery ◽  
Joseph C. Carfioli
Keyword(s):  
Special Education ◽  
Vocational Training ◽  
Learning Disabled ◽  
Federal Court ◽  
Federal Courts ◽  
Class Action ◽  
School Entry ◽  
Equal Access ◽  
Disabled Students ◽  
Grade 5

Frederick L. was identified as a learning disabled person in need of special education. Because the school district did not operate appropriate programs for students at or above grade 5, he was deprived of a program to meet his needs. The parents initiated a class action suit in the federal courts seeking an appropriate remedy. Throughout the course of litigation, the federal court has served a key role as mediator in effecting sweeping changes in programs for learning disabled students. These changes have provided for special education of the learning disabled from school entry to age 21 and include provisions for equal access to vocational training for exceptional persons.

A Congressional Right to Education

2019 ◽  
pp. 186-207
Author(s):  
Kimberly Jenkins Robinson
Keyword(s):  
Federal Courts ◽  
Equal Access ◽  
Federal Law ◽  
Right To Education ◽  
Political Will ◽  
Incremental Approach ◽  
Near Future

In this chapter, Kimberly Jenkins Robinson identifies the challenges and benefits of Congress adopting a federal right to education. She notes that the current backlash against the federal role in education and the lack of political will for greater federal involvement in education will forestall calls for a congressional right to education in the near future. Nevertheless, Congress possesses numerous strengths to recognizing a federal right to education over the federal courts that make it a forum worthy of serious consideration in the decades ahead. Robinson contends that Congress should adopt an incremental approach to recognizing a federal right to education that begins with incentives that set the stage for a federal right and that culminate with a federal law that requires states to provide equal access to an excellent education.

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