[Download] "Judicial Abdication and Equal Access to the Civil Justice System." by Case Western Reserve Law Review * eBook PDF Kindle ePub Free

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eBook details

• Title: Judicial Abdication and Equal Access to the Civil Justice System.
• Author : Case Western Reserve Law Review
• Release Date : January 01, 2010
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 348 KB

Description

There has been, of late, much talk of the Roberts Court's constricting view of access to the judicial system. Its tight standing decisions, (1) its embrace of more potent Eleventh Amendment and common law immunities, (2) its enthusiastic retrenchment of habeas corpus, (3) its aversion to facial and vagueness challenges, (4) its emboldened standards of federal preemption, (5) its unfolding limits on punitive damages, (6) and more, (7) have led many to conclude that the high court, under the Chief Justice's leadership, will significantly curtail the availability of the federal judicial forum. (8) Even the often-cranky Wall Street Journal could enthuse that "the biggest change under Chief Justice John Roberts might not involve who wins on the merits. Rather, it may be who gets through the courthouse door in the first place." (9) Less here is thought, perhaps, to be more, or, at least, better. It is not my purpose to make light of such musings. I have, truth told, partaken occasionally of them myself. (10) Nothing pleases the palate of a federal courts aficionado like the endless dissection of the intricacies of our national jurisdiction. But these exhortations explore, at best, the lawyers' vision of access to the halls of justice. They cobble and patch at the edges of traditional patterns of judicial power. They suggest, in particularized terms, that cases might be brought earlier or later, or via different groups of plaintiffs, or under more imposing barriers, or against keener shields of liability. They might even mean that limited categories of disputes, previously thought amenable to judicial process, are now relegated to the fickle tides of democratic decision making. The scales of justice notwithstanding, or, even, be damned--no tiny matters these.

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