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Browsing Open Access Journals by Subject "Access to justice"

Now showing 1 - 3 of 3
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    Asynchronous Online Courts: The Future of Courts?
    (University of Oregon School of Law, 2023-05-05) Xi, Chen
    Asynchronous online courts combine the features of the current online court and online dispute resolution (ODR), allowing the public to communicate online asynchronously. Canada, the United Kingdom (U.K.), Singapore, and China have established various asynchronous online courts, and the new courts are highly likely to become the next generation of online courts. However, there are challenges against asynchronous online courts, as the new courts might violate the principle of direct and verbal trial, lead to paper hearings rather than oral trials, exclude those who cannot access the Internet, provide less transparency, impair court majesty, and create a mass of frivolous cases. Should asynchronous online courts be established and popularized?
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    Damage Caps and Access to Justice: Lessons from Texas
    (University of Oregon School of Law, 2018-04-10) Daniels, Stephen; Martin, Joanne
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    Naked Class Waivers
    (University of Oregon School of Law, 2024-05-20) Fritz-Mauer, Matthew
    Mandatory arbitration agreements have become commonplace. These contracts bind tens of millions of workers and consumers. The mandatory arbitration agreements typically do two things: (1) force individuals to privately arbitrate all disputes and (2) require them to waive their right to participate in class action lawsuits. Legal scholars and experts have criticized this phenomenon for worsening the access to justice crisis, stymying corporate accountability, depriving the public of oversight, and preventing millions from vindicating their civil rights. Class action lawsuits are often the only way to pursue small, widespread violations of the law. And, without a group mechanism, the fundamental rights of millions of people are systematically foreclosed from a legal claim. But something worse than mandatory arbitration is coming—and in many places, is already here: “Naked Class Waivers” that force individuals to give up their ability to participate in group lawsuits without any accompanying arbitration agreement. This Article is the first to explore the increasing prevalence of these coercive and one sided agreements.