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Civil Justice ReconsideredToward a Less Costly, More Accessible Litigation System$
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Steven P. Croley

Print publication date: 2017

Print ISBN-13: 9781479855001

Published to NYU Press Scholarship Online: January 2018

DOI: 10.18574/nyu/9781479855001.001.0001

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Supporting Greater Access

Supporting Greater Access

Chapter:
(p.224) 10 Supporting Greater Access
Source:
Civil Justice Reconsidered
Author(s):

Steven P. Croley

Publisher:
NYU Press
DOI:10.18574/nyu/9781479855001.003.0011

This final chapter concludes with another set of reform proposals to make the litigation system more accessible. It calls for greater support for programs that subsidize access to justice. In other words, in addition to lowering the price of civil litigation, this chapter proposes ways to help those otherwise excluded from the system to pay for it. The discussion calls for various cross-subsidies within classes of litigants, which might be achieved, for example, by using exorbitant punitive damages and class action attorney's fee awards to support access-to-justice programs. It also calls on the legal profession to provide more support for those unable to afford access themselves, such as through legal urgent cares and legal disaster relief, and by greater commitments to new and old forms of pro bono representation.

Keywords:   access to justice, pro bono, punitive damages, class action, legal urgent cares, legal disaster relief, cross-subsidies

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