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Constitutional Entitlements to and in Courts: Remedial Rights in an Age of Egalitarianism: The Childress Lecture
Resnik, Judith
Resnik, Judith
Files
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56StLouisULJ917.pdf
Adobe PDF, 7.48 MB
Abstract
This Lecture addresses-and expands on-one facet of an argument set forth in Representing Justice. Here, my focus is on courts in the United States as a constitutionally-obliged substantive entitlement, a positive and regulated service that the government subsidizes. During the twentieth century, this entitlement became, at a formal level, universal in its availability, as are public education and government benefits such as social security. Further, in the wake of large numbers of indigent litigants (drawn into courts either as criminal defendants or seeking to enter as plaintiffs), governments have come to offer additional, targeted court-related services, such as fee waivers and subsidized lawyers, for certain subsets of disputants.