Document Type
Article
Publication Date
2023
Publication Title
Stanford Law Review Online
Abstract
State civil courts are the object of growing scholarly attention converging from two directions: rapidly expanding research regarding lawyerless state civil trial courts, and an increasing volume of voices calling for state supreme courts to serve as a balm for American democracy’s wounds. The challenges of lawyerless trial courts and the potential of state supreme courts converge when considering how law develops in state civil courts. We and others have asserted that law development is not happening in lawyerless courts, at least not in the way that American legal scholars conventionally understand law development. This Essay explores the core theoretical assertion that the absence of law development is a characteristic of lawyerless courts. We define key areas of analysis, including questions for empirical inquiry, to advance our understanding of lawyerless law development.
Volume
75
First Page
64
Recommended Citation
Colleen F. Shanahan, Jessica K. Steinberg, Alyx Mark, Anna E. Carpenter, Lawyerless Law Development, 75 Stan. L. Rev. Online 64 (2023).