Index
access to justice, ,
affirmative action and, 54
bar exam and, 67
barriers to,
beliefs about law and, 30
conventional understanding of, 25
cost–benefit analysis and,
democracy and, 25
eviction right to counsel and, 133
family law and,
federalism and, 348
First Amendment and, 319
Legal Services Act 2007 (UK) and,
licensing and, 64
misconduct and, 65
Native Americans and, 258
policy-based reform,
political economy and, 360
race and,
redefining,
regulatory mismatch and,
Rule 5.4 and, 224
self-regulation and,
solo practitioners and, 80
transportation and, 137
unbundling of advocacy and advice in, 383
Upsolve and, 334
accountants, 68
Act on Out of Court Legal Services (Germany) (RDG), , ,
Act on the Remuneration of Lawyers (Germany) (RVG), 305
addiction, as mitigating fact in discipline, 77
advice
allowing, from non-lawyers,
in non-representative posture,
partisan advocacy vs. legal,
advocacy, legal advice vs. partisan,
affirmative action,
Aiken, Linda, 206
Airdeal, 309
Alaska Legal Services Corporation (ALSC), 10
antitrust, 355
antitrust law, 70
apprenticeship, 55
arbitration, international commercial, 42
Arneja, Harnan, 73
artificial intelligence (AI), 1, , See also technology
artificial federalism and, 348
dispute resolution and, 401
First Amendment and, 321
poverty and, 161
professional judgment and, 99
self representation and, 5
supply side and, 161
weak, ,
associations, in medicine,
Atticus, 176,
attorney–client privilege, 102
bar associations,
bar exam
access to justice and, 67
as deterrent, 67
race and, 67
scarcity of legal services and,
tribal, 35
Barnard v. Thornstenn, 355
Barry, John, 240
Bates v. State Bar of Arizona, 353
Baxter, Bill, 357
beliefs, about law, 30
Bellow, Gary, 32
Bender v. Hualapai Tribe, 273
Black, Hugo, 348
boundaries, of profession,
Bradwell v. Illinois, 353
Braithwaite, John, 407
Budget Reconciliation Act of 1997, 256
Bush, George H. W., 255
business service specialists (BSS), 90
Canada, 15
Capital Associated Industries, Inc. v. Stein, 343
capture of law, by lawyers,
child custody, 40
child support and child welfare, 40
child support enforcement, 109
civil justice engineering
circumstances of parties in,
cost analysis in,
cost–benefit analysis and,
cost estimates in,
elements of,
engagement in,
fiscal impacts in, ,
framework,
issue convergence in,
localization in,
person-centered data and,
situating,
social return on investment and, 134
Clementi, David, 281
Clinton, Bill, 256
community health centers (CHCs), 246
complaints, client, in disciplinary system, 71
complexity, reducing legal,
CONNY, 305
continuum of care, 140
corporate practice of medicine,
cost analysis, in civil justice engineering,
cost–benefit analysis (CBA)
access to justice and,
civil justice engineering and,
cost estimates, in civil justice engineering,
courts
checkerboard of technology in,
make or buy choice on technology with,
Online Solutions Court, , 299
reconfiguration of “going to court”,
religious, 42
remote proceedings for, 400
self representation and,
technology and, 5
technology checkerboard, 193
technology systems of, 174
traffic, 119,
tribal, ,
Covid-19 pandemic, 118
criminality, 45
custody, , 386
customer acquisition cost (CAC),
data, person-centered,
debt collection licensing,
debt collection service, 311
deceleration, with debt collection,
decentralization, 362
demand side
ablating,
legal interventions and,
right to counsel and,
democratic theory, of First Amendment,
demoralization, professional,
DeMott, Deborah, 89,
disbarment, 75
discipline, 72
addiction as mitigating fact in, 77
disbarment in, 75
due process in, 72
forgiving system of,
lack of,
lawyer scarcity and, 65
procedural defects in system for,
recidivism after, 75
second chances with,
self-regulation and,
as slow, 72
small practice settings and,
discrimination, statistical,
District of Columbia, 224
diversity, 54
divorce, , , 183, ,
Dormant Commerce Clause, 355
Earned Income Tax Credit, 60
education, medical,
educational service delivery model,
educational service model, 122
emergency medical technicians (EMTs), 230
empowerment, of justice work,
engagement, in civil justice engineering,
English language, 30
Equality Act 2010, 295
eviction, 46
exclusion, 26
facts, assembly of relevant,
Fair Debt Collection Practices Act)., 392
Federal Trade Commission (FTC), 356
federalism, bar
access to justice and, 348
ambiguities with,
artificial intelligence and, 348
bar politics and,
inherent powers and, 354
innovation and, 365
origins of,
path dependency and,
regulation and,
subsidiarity and, 362
in twenty-first century,
values of federalism and, 362
fiduciary benchmark, 98
fiduciary duties, 97
fiduciary law, 88
First Amendment
access to justice and, 319
artificial intelligence and, 321
boundaries of,
Burger Court and, 328
democracy and, 325
democratic theory of,
licensing and, 324
New Deal and, 328
regulation and, 319,
fiscal impacts, in civil justice engineering, ,
Flexner, Abraham, 207
Flexner Report, 207
Flightright, 302
Florida, 2
Ford, Loretta,
foreclosure, 109
forms, electronic guidance for,
Fourteenth Amendment, 262
Frontier Nursing Service, 232
FTC v. North Carolina Board of Dental Examiners, 70
funding, for access to legal services,
future
of justice work,
of legal services,
Galanter, Marc, 407
gender, 29
Georgia, 407
Germany,
Gideon v. Wainwright, 58
Gina,
government
assistance, inadequate,
markets and, coproduction of services with,
Gregory v. Ashcroft, 362
hazhó’ógo, 264
Henson v. Santander Consumer USA Inc, 392
Holmes, Oliver Wendell, 332
Hoover v. Ronwin, 70
Idaho, 112
Illinois, 249
imaging, medical, 229
In re Griffiths, 354
In re Integration of Neb. State Bar Ass’n, 354
In re Primus, , 335
In re Summers, 354
Indian Civil Rights Act (ICRA), , 273
insurance, medical,
interdependence, 138
investment, in medicine,
issue convergence,
iterative assessment, 154
Jackson, Robert, 324
Japan, 15
Jha, Ashish, 13
Johnson, Lyndon, 231
Johnson, Orrin, 357
joint representation, in divorce,
Jordan, 29
Jost, Tim, 204
judgment, professional,
Judicial Review and Courts Act 2022, 290
justice work
empowerment of,
future of,
reimagining of,
stratification of,
JusticeCorps, , 123
laboratory techs, 229
language, 30
Larsen v. Yelle, 330
Lassiter v. Dep’t of Soc. Servs. of Durham Cnty., N.C., 397
law school,
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), 286
legal needs studies, 27
legal services
funding access to,
future of,
marketplace expansion,
political economy of,
poverty and, 156
Legal Services Act 2007 (UK), 276, 279
access to justice and,
as “consumer first?”, 281
impacts of,
new business models and, 292
systemic harms with,
transactional harms with,
Legal Services Board (UK), 281
Legal Tech Act (Germany),
LegalZoom, , , 355
Leis v. Flynt, 353
Levin, Leslie, 80
Lexfox, 305
Lexofx I judgment,
libraries, self representation and, 118
Licensed Legal Advocate, 36
licensing, See also regulation
access to justice and, 64
agency and, 324
with debt collection,
First Amendment and, 324
hypocrisy of,
in medicine, 206
race and, 52
self-regulation and,
lifetime value (LTV), ,
Limited License Legal Technicians, 34
literacy, 29
Liu, Chuan Fen, 242
localization,
Los Angeles Superior Court (LASC),
Lowe v. S.E.C, 323
market barriers, with technology,
market failure,
markets
access to justice and,
civil justice and, 43
expansion of, race and,
government and, in coproduction of services, 42
legal tech regulation and,
race and,
Massachusetts, 165
medicine
associations in,
corporate practice of, restrictions on,
corporatization of, 204
education in, supply and,
employment as professional threat in,
insurance in,
law vs., 248
lessons from, for legal profession,
licensure in, 206
multiple professions in,
patient impacts of changes in,
physician scarcity in,
power as undermining,
prices in,
private equity in,
scope of practice in, 208
self-regulation in,
specialties in, 207
unlicensed practice of, 206
misconduct, discipline for, 65
Model Rules of Professional Conduct, 97
Mondale, Walter, 156
Montana, 248
Moore-King v. Cnty of Chesterfield, Va, 330
multidisciplinary practice, 32
NAACP v. Button,
Nat’l Ass’n for the Advancement of Multijurisdiction Prac., (NAAMJP) v. Simandle, 350
Nat’l Ass’n for the Advancement of Multijurisdictional Prac. v. Lynch, 323
National Highway Traffic Safety Act of 1966, 230
National Institute for Life v. Becerra,
National Institute of Family and Life Advocates v. Becerra, 343
National Institute of Family and Life v. Becerra,
Native Americans
access to justice and, 258
historical efforts to bar from legal system, 258
housing and, 259
lack of lawyers, 258
New Deal, 328
New Jersey, 236
New York Times Co. v. Sullivan, 325
Nixon, Richard, 328
North Dakota, 250
nurse practitioners (NPs)
access and,
affordability and,
independence of,
insurance and,
outcomes with,
quality of care with,
rise of,
occupational therapists, 229
ombudsmen programs, 400
Online Procedure Rule Committee (OPRC), 290,
Online Solutions Court, 299
Open Banking Implementation Entity, 297
optometrists, 229
organizing
to affect policy change,
using law to sustain,
preemptive, legal need and,
responsive, legal need and, 166
Pager, Devah, 45
paramedics, 230
paraprofessionals, 102
Patient-Centered Outcomes Research Institute (PCORI), 210
Patriot Act, 329
Perloff, Jennifer, 242
personal injury law, 81
Pettit, Philip, 98
physical therapists, 229
physician assistants (PAs)
access and,
affordability and,
independence of,
insurance and,
outcomes with,
quality of care with,
rise of,
pleading requirements, 399
podiatrists, 228
police, 30
policy change, organizing for,
political economy
of civil justice, race and,
of lawyering,
of legal services,
political efficacy, 169
population surveys, 27
Post, Robert, 332
poverty,
artificial intelligence and, 161
civil justice vulnerability and, 29
lawyer scarcity and, 66
legal services and, 156
in rural areas, 259
technology and,
unauthorized practice of law and, 68
price gouging, 61
prices, in medicine,
private equity, , 17,
Privileges and Immunities Clause, 355
professional identity, 101
race
access to justice and,
affirmative action and,
attorney supply and,
bar exam and, 67
civil justice vulnerability and, 29
criminality and, 45
debt collection and, 342
expansion of legal services marketplace and,
inequality and, 52
legal services and, 157
market dynamics and,
over-representation by, 40
police encounters and, 30
political economy of civil justice and,
statistical discrimination and,
racial preferences,
reading proficiency, 29
real estate professionals, 68
recidivism, after discipline, 75
recruitment, 59
Regents of the Univ. of Cal. v. Bakke, 54
regulation, See also licensing
as barrier to technology,
bar federalism and,
deceleration and,
First Amendment and, 319,
Legal Services Act 2007 (UK) and,
multidisciplinary practice and, 32
question of,
technology and, , ,
regulatory mismatch,
religious courts, 42
remote proceedings, 400
rent control, 305
representation pool, expansion of,
Richardson, Elliott, 255
Rosenthal Fair Debt Collection Practices Act, 405
Rozema, Kyle, 78
Rural Health Clinic Act of 1977, 255
rural poor, 66
S. Christian Leadership Conf. v. Sup. Ct, 327
Sage, Bill, 206
Sarver, Jason Allen,
Sarzynski, Erin, 240
scarcity, of lawyers,
Schauer, Fred, 322
Schmidt, Eric, 333
Schware v. Bd. of Bar Exam., 353
scope of practice, in medicine, 208
second chances, in discipline,
self representation
artificial intelligence and, 5
as burdensome to court, 109
common scenarios for, 109
communicating with parties in, 121
courts and,
educational service delivery model and,
electronic resources and,
forms and,
language access and, , 121
legal complexity and,
legal services reform and,
lessons from, for low-cost legal representation,
Los Angeles Superior Court example with,
online dispute resolution and,
portion of litigants in, 390
reasons given for, 4
student interns in,
traffic court and, 119
self-regulation
discipline and,
in medicine,
scarcity of legal services and,
self-representation
portion of litigants in, 4
sexual abuse, of clients, 74
Shanahan, Colleen, 160
Silver, Henry, 232
small claims, online dispute resolution and, 120
small practice settings, discipline in,
social class,
social order, 98
social return on investment (SROI), 134
solo practitioners, underserved and,
Sorrell v. IMS Health Inc., 320
South Dakota, 258
Sprint Commc’ns Co., L.P. v. APCC Servs., Inc.,, 391
Starr, Paul,
Stead, Eugene A., 233
Stout, John Allen, 77
Stout, Richard, 74
Stout Risius Ross,
stratification, of justice work,
Strickland v. Washington, 273
student interns, in self representation,
subsidiarity, 362
supply side
approaches,
limitations,
non-lawyers and,
right to counsel in,
technology and,
supply, attorney
affirmative action and,
racial bias and,
Supreme Court of New Hampshire v. Piper, 355
Supreme Court of Virginia v. Friedman, 355
Susskind, Richard, 287
Swisher, Keith, 102
Switzerland, 15
tax preparation, 60
technology, , See also artificial intelligence (AI)
barrier theories with,
case studies,
checkerboard of court, ,
customer acquisition costs in,
customer demand and, 181
direct to consumer,
fee-sharing and, 177
justice, 174
in legal services supply side,
legality of legal tech services,
lifetime value trap and, ,
make or buy choice with,
market barriers with,
market failure and,
poverty and, , 161
regulation and, ,
regulatory barriers with,
regulatory reform and,
self representation and,
systems in courts, 174
unauthorized practice of law and, 33
Tenant Power Toolkit, 186,
Tenth Amendment, 353
Thomas, Clarence, , 344
Tingley v. Ferguson, 343
tort law, 88
Traczynski, Jeffrey, 242
traffic court, 119,
Trainmen v. Virginia, 327
transportation, access to justice and, 137
tribal courts, ,
tribal law,
Tribal Law and Order Act of 2010, 264
tribal law training,
Udalova, Victoria, 242
unauthorized practice of law (UPL), 1, 5, 28
defining, 68
Hello Divorce and, 188
hypothetical case studies,
legal services scarcity and,
professional judgment and,
technology and, 33
United States v. Kagama, 262
UnitedHealth Group,
Upsolve, 186,
Upsolve v. James, , ,
urgent care clinics, 246
Younger v. Harris, 348
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