Monday, September 29, 2014
Conference on Advancing Equal Access to Justice: Barriers, Dilemmas, and Prospects
University of California Hastings College of the Law and Stanford Center on the Legal Profession, Stanford Law School
November 12-13, 2015
San Francisco, California
Conference Scope and Purpose
This conference has both scholarly and practical objectives. Its focus is on identifying and redressing inequalities and dysfunctions within the United States civil justice system, with a particular emphasis on California. We are seeking papers that enhance our empirical and conceptual understandings of the most pressing short-term and long-term challenges affecting the accessibility, availability, and quality of civil legal assistance and representation for low and middle income individuals. We are especially interested in papers that propose specific civil justice policy and practice reforms and that critically examine not only direct benefits and costs but also potential overall societal and institutional consequences. We also want to review papers that rely on empirical research and/or new conceptual insights for critiquing and improving or altering our traditional legal processes and mechanisms including but not solely limited to courts. In meeting these objectives, we invite studies and proposals from abroad and other states as well as ones now being undertaken in California. In addition to the usual participants in discussions concerning access to justice, our target audience for the conference includes judges, legislators, other public officials, bar leaders, community activists from business, labor, minority, and grassroots organizations, and interested lawyers and academic colleagues.
The conference will take place over 1 ½ days. There will be opening, first-day luncheon, and closing luncheon speakers. The bulk of the program will consist of panel presentations and follow-up small group discussions. In this announcement, we are inviting proposals for research papers for panel presentations.
We anticipate that there will be three sequential panel sessions: The first will focus on proposals for making lawyers available at less or no cost; the second will examine ideas for improving self-help assistance and expanding the roles of non-lawyers; and the third will address issues concerning underlying political and legal conditions implicated when seeking to reform our civil justice system and potential short-term and long-term institutional consequences were specific reforms to become operational.
Each panel will have a moderator, two paper presenters, and a commentator. The moderator will be someone who is familiar with the specific subject matter and can place the research and reforms suggested into an overall framework for thinking about equal access to justice concerns. In reviewing panel presentation submissions, we hope to have proposals that collectively utilize a range of empirical and non-empirical research methodologies. The role of the fourth member on the panel will not be to counter what has been presented but to raise additional issues and concerns to be considered during the subsequent small group discussions.
Potential Research Paper Themes
We invite proposals on topics of your own framing consistent with the conference’s general purpose. Illustrative of our more particular concerns, we set forth below several specific themes and issues grouped by proposed panel presentation session. We are not seeking to cover all these matters but rather offer them as examples of potential research topics. As noted above, we anticipate only two research paper presentations at each panel session.
A. Availability and Accessibility of Lawyers
1. Techniques and limitations regarding the encouragement and provision of pro bono and low fee counsel: E.g., mandatory pro bono reporting; conditioned early admission to the bar; post-law school incubators through various organizations including law schools; overcoming lawyer-supply/client-demand discrepancies and inefficiencies.
2. Civil Gideon and fallback measures: E.g., constitutional and statutory prospects and obstacles; quantitative and qualitative reports on the benefits, costs, and effectiveness of targeted and limited expansion of the right to civil counsel within California and from other states and abroad; perspectives and approaches for determining when having a lawyer is likely to be most efficacious for clients and how to measure the utility or value of having a lawyer.
3. Legal aid practice and funding: E.g., precariousness of governmental, foundation and charitable funding; evaluating IOLTA programs; developing new sources of funding; rethinking client criteria for receiving free legal assistance; assessing the barriers to and benefits and costs of utilizing advances in legal technology.
B. Self-Help and Non-Lawyer or Mixed Models for Providing Legal Services
1. Restructuring legal practice: E.g., authorizing for-profit, nonprofessional corporations as providers of legal services; unbundling of legal services; establishing limited licensure; revising related ethical rules, principles and values; evaluating the quality, feasibility and costs of services provided through legal insurance and by entities such as LegalZoom; critically examining assumptions regarding the insufficient availability and uneven distribution of lawyers.
2. Triaging legal services—where, when, how and for whom: E.g., developing standards for determining who gets what kind of service; measuring the impact of differentiated types of service; establishing and evaluating screening and referral mechanisms; rethinking the roles of judges and non-judicial personnel at the courthouse; drawing on lessons from the healthcare profession.
3. Improving self-help measures: E.g., examining client self-awareness of potential civil law situations; evaluating the effectiveness of online programs that provide referral or substantive information, downloadable forms, or formal documents filing; assessing developments in legal self-help publishing.
C. Underlying Structural and Consequential Institutional Implications
1. The relationship of the justice gap to inequalities of income and demographic differences: E.g., measuring the justice gap; comparing outcomes in family law or other selected subject areas taking into account the availability of counsel or the lack thereof and also income status; tracking the accessibility and quality of legal assistance by race, ethnicity, gender and geography; ethical and social implications of an existing and/or widening justice gap; redressing language, cultural and disability barriers.
2. Societal and institutional consequences of shifting away from resolving disputes in adversarial and/or public proceedings: E.g., examining the jurisprudential and political effects of such a shift presently and prospectively; comparing due process protections and equality imbalances in adversarial and inquisitorial proceedings drawing on court case studies from abroad and administrative agency examples domestically; weighing the jurisprudential and practical effects of trial judges assuming an enhanced role as legal and social services facilitators; re-conceptualizing and reconfiguring the courthouse as a place for seeking legal assistance and related services; identifying and assessing the impacts of such changes for law schools and legal education.
SUBMISSION PROCESS AND DEADLINES
Individuals interested in presenting a research and/or policy reform panel session paper should submit a prospectus summary of no more than a 1000 words describing the paper’s proposed topic, themes, and research methodologies by no later than Wednesday, November 12, 2014. This summary should be sent as an email attachment to the conference organizers— Mark Aaronson email@example.com, Juliet Brodie firstname.lastname@example.org, Joseph Grodin email@example.com, Deborah Rhode firstname.lastname@example.org, Lucy Ricca email@example.com, Gail Silverstein firstname.lastname@example.org, and Nancy Stuart email@example.com.
A near-final draft of the paper, for review by the conference organizers and program speakers and panel participants, will be due on Monday, October 5, 2015. Travel expenses will be paid for individuals whose papers are selected for presentation at the conference. There is also the prospect that the papers presented will be considered for publication in a symposium issue of the Hastings Law Journal or Hastings Constitutional Law Quarterly.
Tuesday, August 26, 2014
From Dr. Saru M. Matambanadzo of Tulane University School of Law, please see this Call for Participation in the Twelfth Annual LatCrit-SALT Junior Faculty Development Workshop. The FDW is a yearly effort to support junior faculty and aspiring faculty whose work is committed to critical and progressive perspectives.
Call for Participation
Twelfth Annual LatCrit-SALT
Junior Faculty Development Workshop
October 9, 2014
University of Nevada-Las Vegas
Las Vegas, NV
LatCrit, Inc. and the Society of American Law Teachers (SALT) are pleased to invite interested participants to the Twelfth Annual Junior Faculty Development Workshop (FDW), immediately preceding the SALT Teaching Conference. This annual workshop is designed for critical, progressive, and social justice oriented pre-tenure professors, including clinicians and legal writing professors, as well as those who may be contemplating a teaching career. However, we also encourage more senior members of the profession to attend, share their experience, and serve as resources and mentors.
The FDW is designed to familiarize critical, progressive, and social justice oriented junior faculty with LatCrit and SALT principles and values and support them in the scholarship, teaching, and service aspects of professional success. In addition, the FDW seeks to foster scholarship in progressive, social justice, and critical outsider jurisprudence, including LatCrit theory, among new and junior faculty, students, and practitioners. Finally, the FDW aims to cultivate a community of scholars interested in the continuation of this and similar projects over the years.
To facilitate community building through shared experiences and the exchange of ideas, we strongly encourage all participants to attend the entire workshop.
If you have questions about the workshop or would like to attend, please email SALTLatCritFDW@gmail.com. Although we will make efforts to accommodate all interested participants, RSVPs are strongly suggested by September 30, 2014
Wednesday, August 20, 2014
From Prof. Margaret Johnson of the University of Baltimore School of Law, please see this Call for Papers for the Eighth Annual Feminist Legal Theory Conference:
CALL FOR PAPERS: "APPLIED FEMINISM AND WORK"
The University of Baltimore School of Law’s Center on Applied Feminism seeks submissions for its Eighth Annual Feminist Legal Theory Conference. This year’s theme is “Applied Feminism and Work.” The conference will be held on March 5 and 6, 2015. For more information about the conference, please visit law.ubalt.edu/caf.
As the nation emerges from the recession, work and economic security are front and center in our national policy debates. Women earn less than men, and the new economic landscape impacts men and women differently. At the same time, women are questioning whether to Lean In or Lean Out, and what it means to “have it all.” The conference will build on these discussions. As always, the Center’s conference will serve as a forum for scholars, practitioners and activists to share ideas about applied feminism, focusing on the intersection of theory and practice to effectuate social change. The conference seeks papers that discuss this year’s theme through the lens of an intersectional approach to feminist legal theory, addressing not only the premise of seeking justice for all people on behalf of their gender but also the interlinked systems of oppression based on race, sexual orientation, gender identity, class, immigration status, disability, and geographical and historical context.
Papers might explore the following questions: What impact has feminist legal theory had on the workplace? How does work impact gender and vice versa? How might feminist legal theory respond to issues such as stalled immigration reform, economic inequality, pregnancy accommodation, the low-wage workforce, women’s access to economic opportunities, family-friendly work environments, paid sick and family leave, decline in unionization, and low minimum wage rates? What sort of support should society and law provide to ensure equal employment opportunities that provide for security for all? How do law and feminist legal theory conceptualize the role of the state and the private sector in relation to work? Are there rights to employment and what are their foundations? How will the recent Supreme Court Burwell v. Hobby Lobby and Harris v. Quinn decisions impact economic opportunities for women? How will the new EEOC guidance on pregnancy accommodation and the Young v. UPS upcoming Supreme Court decision affect rights of female workers?
The conference will provide an opportunity for participants and audience members to exchange ideas about the current state of feminist legal theories. We hope to deepen our understandings of how feminist legal theory relates to work and to move new insights into practice. In addition, the conference is designed to provide presenters with the opportunity to gain feedback on their papers.
The conference will begin the afternoon of Thursday, March 5, 2015, with a workshop. This workshop will continue the annual tradition of involving all attendees as participants in an interactive discussion and reflection. On Friday, March 6, 2015, the conference will continue with a day of presentations regarding current scholarship and/or legal work that explores the application of feminist legal theory to issues involving health. The conference will be open to the public and will feature a keynote speaker. Past keynote speakers have included Nobel Laureate Toni Morrison, Dr. Maya Angelou, Gloria Steinem, Pulitzer Prize winning journalist Sheryl WuDunn, Senators Barbara Mikulski and Amy Klobuchar, and NOW President Terry O’Neill.
To submit a paper proposal, please submit an abstract by Friday, 5 p.m. on October 31, 2014, to firstname.lastname@example.org. It is essential that your abstract contain your full contact information, including an email, phone number, and mailing address where you can be reached. In the “Re” line, please state: CAF Conference 2015. Abstracts should be no longer than one page. We will notify presenters of selected papers in mid-November. We anticipate being able to have twelve paper presenters during the conference on Friday, March 6, 2015. About half the presenter slots will be reserved for authors who commit to publishing in the symposium volume of the University of Baltimore Law Review. Thus, please indicate at the bottom of your abstract whether you are submitting (1) solely to present or (2) to present and publish in the symposium volume. Authors who are interested in publishing in the Law Review will be strongly considered for publication. Regardless of whether or not you are publishing in the symposium volume, all working drafts of symposium-length or article-length papers will be due no later than February 13, 2015. Abstracts will be posted on the Center on Applied Feminism’s conference website to be shared with other participants and attendees. Presenters are responsible for their own travel costs; the conference will provide a discounted hotel rate, as well as meals.
We look forward to your submissions. If you have further questions, please contact Prof. Margaret Johnson at email@example.com.