Category Archives: Current Issue: Articles

Law Without Lawyers: Access to Civil Justice and the Cost of Legal Services

BY EMERY G. LEE III, 69 U. Miami L. Rev. 499 (2015). Introduction: Judge Jack Weinstein has been active on the issue of access to justice for low- and moderate-income persons for a very long time. As Suffolk County Attorney in the 1960s, for example, he led the movement to establish “Nassau County Legal Services, one […]

Prisoners’ Rights Lawyers’ Strategies for Preserving the Role of the Courts

BY MARGO SCHLANGER, 69 U. Miami L. Rev. 519 (2015). Introduction: In 1996, Congress imposed draconian restrictions on the litigated remediation of unconstitutional conditions of confinement in jails and prisons. The Prison Litigation Reform Act (“PLRA” or “Act”),a statute enacting part of the Newt Gingrich “Contract with America,”made it harder for prisoners to bring, settle, and win […]

Judicial Fact-Finding and the Trial Court Judge

BY SHIRA A. SCHEINDLIN, 69 U. Miami L. Rev. 367 (2015). First of all, I want to thank the University of Miami Law Review for creating this Symposium and inviting me to speak, which gave me the opportunity to think very hard about something I had not thought about systematically. It is a treat to be […]

Prison Litigation and District Court’s Effect on the Electoral Process

BY LAWRENCE K. KARLTON, 69 U. Miami L. Rev. 377 (2015). I was likely invited here because of my involvement in litigation concerning the California prison system; two of the cases I was involved in sought significant social change. The first case, Coleman v. Wilson,deals with the problem of providing adequate care for the mentally ill […]

The Most Efficient Finder of Fact: The Federal District Judge

BY VAUGHN R. WALKER, 69 U. Miami L. Rev. 385 (2015). First of all, I want to extend my appreciation to the University of Miami Law Review for the invitation to be with you and to speak at the 2014 Symposium, Leading from Below. This is a beautiful law school on a delightful campus. You are […]