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Based on empirical research, this book shows how public interest litigation (PIL) grants the appellate courts enormous flexibility in procedure, allowing them to manoeuvre themselves into positions of overweening authority. While PIL cases are usually politically analysed solely in terms of their effects, whether beneficial or disastrous, this book locates the political challenges that PIL poses in its very process, arguing that its fundamentally protean nature stems from its mimicry of ideas of popular justice. It examines PIL as part of a larger trend towards legal informalism in post-Emergency India. Casting a critical eye over these institutional reforms that aimed to adapt the colonial legal inheritance to 'Indian realities', this book looks at the challenges posed by self-consciously culturalist juridical innovations like PIL to ideas of fairness in adjudication, as well as democratic politics.
Public interest law --- Law, Public interest --- Pro bono publico legal services --- Public interest --- Practice of law --- Cause lawyers --- Legal services --- Law and legislation --- India --- Politics and government
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Cause lawyering is law as practised by the politically motivated and those devoted to moral activism. This text examines the concept in a global context, exploring ways in which it influences and is influenced by the disaggregation of state power associated with democratization, and how democratization empowers lawyers who want to effect change.
Cause lawyers. --- Public interest law. --- Nation-state. --- Globalization. --- Global cities --- Globalisation --- Internationalization --- International relations --- Anti-globalization movement --- National state --- State, The --- National interest --- Self-determination, National --- Law, Public interest --- Pro bono publico legal services --- Public interest --- Practice of law --- Cause lawyers --- Legal services --- Cause lawyering --- Lawyers --- Public interest law --- Law and legislation
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For the 2010 Hamlyn Lectures, Alan Paterson explores different facets of three key institutions in a democracy: lawyers, access to justice and the judiciary. In the case of lawyers he asks whether professionalism is now in terminal decline. To examine access to justice, he discusses past and present crises in legal aid and potential endgames and in relation to judges he examines possible mechanisms for enhancing judicial accountability. In demonstrating that the benign paternalism of lawyers in determining the public good with respect to such issues is no longer unchallenged, he argues that the future roles of lawyers, access to justice and the judiciary will only emerge from dialogues with other stakeholders claiming to speak for the public interest.
Practice of law. --- Legal ethics. --- Ethics, Legal --- Lawyers --- Professional ethics --- Prosecutorial misconduct --- Law --- Law practice --- Practice --- Public interest law --- Judges --- Justice, Administration of --- Democracy --- Law, Public interest --- Pro bono publico legal services --- Public interest --- Practice of law --- Cause lawyers --- Legal services --- Law and legislation --- General and Others --- Sociology of law --- Law of civil procedure --- United Kingdom
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The principle and practice of pro bono, or volunteer legal services for the poor and other marginalized groups, is an increasingly important feature of justice systems around the world. Pro bono initiatives now exist in more than eighty countries - including Colombia, Portugal, Nigeria, and Singapore - and the list keeps growing. Covering the spread of pro bono across five continents, this book provides a unique data set permitting the first-ever comparative analysis of pro bono's growing role in the access to justice movement. The contributors are leading experts from around the world, whose chapters examine both the internal roots of and global influences on pro bono in transnational context. Global Pro Bono explores the dramatically expanding geographical and political reach of pro bono: documenting its essential contribution to bringing more justice to those on the margins, while underscoring its complex and contested meaning in different parts of the world.
Legal assistance to the poor. --- Public interest law. --- Practice of law --- Cause lawyers --- Legal services --- Law, Public interest --- Pro bono publico legal services --- Public interest --- Public welfare --- In forma pauperis --- Public defenders --- Judicare --- Law, Poverty --- Legal representation of the poor --- Poor --- Poverty law --- Law and legislation --- Legal status, laws, etc.
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This is the first book covering those who abused and misused the legal system in medieval England and the initial attempts of the Anglo-American legal system to deal with these forms of legal corruption. Maintenance, in the sense of intermeddling in another person's litigation, was a source of repeated complaint in medieval England. This book reveals for the first time what actually transpired in the resultant litigation. Extensive study of the primary sources shows that the statutes prohibiting maintenance did not achieve their objectives because legal proceedings were rarely brought against those targeted by the statutes: the great and the powerful. Illegal maintenance was less extensive than frequently asserted because medieval judges recognized a number of valid justifications for intermeddling in litigation. Further, the book casts doubt on the effectiveness of the statutory regulation of livery. This is a treasure trove for legal historians, literature scholars, lawyers, and academic libraries.
Public interest law --- Judicial corruption --- Actions and defenses --- Law --- Law, Medieval. --- Civil actions --- Defense (Law) --- Interpleader --- Lawsuits --- Litigation --- Personal actions --- Real actions --- Suits (Law) --- Court proceedings --- Procedure (Law) --- Trial practice --- Civil procedure --- Remedies (Law) --- Corruption --- Misconduct in office --- Law, Public interest --- Pro bono publico legal services --- Public interest --- Practice of law --- Cause lawyers --- Legal services --- Medieval law --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- History --- Law and legislation
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To a disturbing degree, we are at the mercy of our time and place. While law may provide relief for some of life's troubles, that requires access to justice. Accessibility is the focus of this volume, which expands analysis of access to justice beyond the US and the UK to Asia and other comparative jurisdictions. Chapters characterise access to justice dynamics in these jurisdictions by addressing how access is understood, how it is achieved or not achieved, and how the jurisdiction should improve. The book addresses some issues seldom addressed in analyses of western jurisdictions, such as paid mandatory legal services and mandatory public interest activities, and provides English translations of relevant regulations. The book expands our understanding of access to justice with a comparative perspective, one that allows readers to identify relationships between access and its constitutive environment.
Legal services --- Public interest law --- Legal assistance to the poor --- Judicare --- Law, Poverty --- Legal representation of the poor --- Poor --- Poverty law --- Pro bono publico legal services --- Public welfare --- In forma pauperis --- Public defenders --- Law, Public interest --- Public interest --- Practice of law --- Cause lawyers --- Services, Legal --- Legal status, laws, etc. --- Law and legislation --- Legal assistance to the poor. --- Justice, Administration of --- Administration of justice --- Law --- Courts
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Government - General --- Law, Politics & Government --- Political Institutions & Public Administration - General --- Public administration. --- Whistle blowing. --- Disclosure of information. --- Public interest law. --- Law, Public interest --- Pro bono publico legal services --- Public interest --- Information, Disclosure of --- Blowing the whistle --- Whistleblowing --- Administration, Public --- Delivery of government services --- Government services, Delivery of --- Public management --- Public sector management --- Law and legislation --- Practice of law --- Cause lawyers --- Legal services --- Truthfulness and falsehood --- Leaks (Disclosure of information) --- Political science --- Administrative law --- Decentralization in government --- Local government --- Public officers --- Whistle blowing --- Public interest law --- Employees. --- Management. --- Law and legislation.
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This volume of essays draws together research on different types of collective actions: group actions, representative actions, test case procedures, derivative actions and class actions. The main focus is on how these actions can enhance access to justice and on how to balance the interests of private actors in protecting their rights with the interests of society as a whole. Rather than focusing on collective actions only as a procedural device per se, the contributors to this book also examine how these mechanisms relate to their broader social context. Bringing together a broad range of scholarship from the areas of competition, consumer, environmental, company and securities law, the book includes contributions from Asian, European and North American scholars and therefore expands the scope of the traditional European and/or American debate.
Class actions (Civil procedure) --- Due process of law. --- Justice, Administration of. --- Public interest law. --- Law, Public interest --- Pro bono publico legal services --- Public interest --- Practice of law --- Cause lawyers --- Legal services --- Administration of justice --- Justice, Administration of --- Law --- Courts --- Access to justice (Due process of law) --- Procedural due process --- Substantive due process --- Civil rights --- Aggregate litigation (Class actions) --- Class action lawsuits --- Actions and defenses --- Civil procedure --- Complex litigation --- Public interest law --- Citizen suits (Civil procedure) --- Parties to actions --- Law and legislation --- General and Others
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Legal mobilization is the process by which individuals invoke their legal rights and use litigation to defend or develop these rights against the government. In recent years, increasing attention has been paid to this phenomenon as it occurs under authoritarian regimes. It is often suggested that, in such situations, legal mobilization is caused by the strategic interests of the ruling elites. Using the case study of post-colonial Hong Kong, where legal mobilization has by no means unfolded as political authorities would wish, Waikeung Tam casts doubt on this contention. To do so, he examines in depth why and how legal mobilization arises under authoritarianism. Tam analyses quantitative data of changes in the Hong Kong judiciary agendas over the last three decades and uses detailed interviews with activists, politicians, cause lawyers, judges and government officials to reveal the complex underlying socio-political forces at play.
Law reform --- Law --- Public interest law --- Political questions and judicial power --- Human rights --- Basic rights --- Civil rights (International law) --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Judicial activism --- Judicial power and political questions --- Act of state --- Administrative discretion --- Judicial review --- Jurisdiction --- Rule of law --- Separation of powers --- Law, Public interest --- Pro bono publico legal services --- Public interest --- Practice of law --- Cause lawyers --- Legal services --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Legal reform --- Political aspects --- Law and legislation --- Hong Kong (China) --- Politics and government --- General and Others
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347.42 --- 347.921.1 --- Citizen suits (Civil procedure) --- -Class actions (Civil procedure) --- -Public interest law --- -347.42 --- 347.922 <493> --- Law, Public interest --- Pro bono publico legal services --- Public interest --- Practice of law --- Cause lawyers --- Legal services --- Aggregate litigation (Class actions) --- Class action lawsuits --- Actions and defenses --- Civil procedure --- Complex litigation --- Public interest law --- Parties to actions --- Citizen lawsuits --- Citizens' actions --- Private attorney general --- Public interest actions --- Public interest litigation --- Class actions (Civil procedure) --- Popular actions --- Rechtsgevolgen van verbintenissen. Materiele schade. Morele schade. Schadevergoeding --- Bevoegdheid om in recht op te treden--(burgerlijk procesrecht) --- Law and legislation --- 347.921.1 Bevoegdheid om in recht op te treden--(burgerlijk procesrecht) --- 347.42 Rechtsgevolgen van verbintenissen. Materiele schade. Morele schade. Schadevergoeding --- Droit prive
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