Simplified Courts Can't Solve Inequality

Authors

Colleen ShanahanFollow
Anna Carpenter, University of Oklahoma College of LawFollow

Document Type

Article

Publication Date

2019

Publication Title

Daedalus, Journal of the American Academy of Arts & Sciences

Abstract

State civil courts struggle to handle the volume of cases before them. Litigants in these courts, most of whom are unrepresented, struggle to navigate the courts to solve their problems. This access-to-justice crisis has led to a range of reform efforts and solutions. One type of reform, court simplification, strives to reduce the complexity of procedures and information used by courts to help unrepresented litigants navigate the judicial system. These reforms mitigate but do not solve the symptoms of the larger underlying problem: state civil courts are struggling because they have been stuck with legal cases that arise from the legislative and executive branches’ failure to provide a social safety net in the face of rising inequality. The legal profession and judiciary must step back to question whether the courts should be the branch of government responsible for addressing socioeconomic needs on a case-by-case basis.

Volume

148

First Page

128

DOI

10.1162/DAED_a_00545

Recommended Citation

Colleen F. Shanahan & Anna E. Carpenter, Simplified Courts Can't Solve Inequality, Daedalus, Journal of the American Academy of Arts & Sciences, 148 Daedalus 128 (2019).