The Invisible Hand of Power by Oleinik Anton N

Author:Oleinik, Anton N
Language: eng
Format: epub
Publisher: Pickering & Chatto Publishers
Published: 2014-11-30T16:00:00+00:00

1. R. Zorza, ‘Access to Justice: The Emerging Consensus and Some Questions and Implications’, Judicature, 94 (2011), pp. 156–67, on p. 167; for a review of the literature on the issue of costs, see K. Taylor and K. Svechnikova, What Does it Cost to Access Justice in Canada? How Much is “Too Much”? And How Do we Know? (Edmonton: The Canadian Forum on Civil Justice, 2010). »

2. A. Paterson, L. Farmer, F. Stephen and J. Love, ‘Competition and the Market for Legal Services’, Journal of Law and Society, 15 (1988), pp. 361–73. »

3. ‘Jailhouse lawyers’ are prison inmates with some knowledge of law who give legal advice and assistance to their fellow inmates. Sometimes this term is used more broadly. It then describes any jurist who provides legal advice to a client without signing a formal contract and being acknowledged as a ‘lawyer on the record’ by the court. »

4. For instance, there are no restrictions as to who may represent a litigant in Russia, as per Sections 25.3 and 25.5 of the Administrative Code of the Russian Federation. »

5. Rhode, Access to Justice, p. 74. »

6. O. E. Williamson, The Economic Institutions of Capitalism: Firms, Markets, Relational Contracting (New York: The Free Press, 1985); on the concept of asset specificity see also Chapter 6, Section 4. »

7. A. Zaheer and N. Venkatraman, ‘Determinants of Electronic Integration in the Insurance Industry: An Empirical Test’, Management Science, 40 (1994), pp. 549–66, on p. 553. »

8. A wrong colour of the cover or incorrect line spacing may lead to a rejection of a court document containing otherwise valid arguments. This holds true even if departures from a prescribed format are minor (e.g. 1.8 line spacing as opposed to double line spacing). »

9. An empirical finding that ‘it is the type of problem not the characteristics of the person having the problem [including the level of income] that is the major predictor of lawyer seeking’ (H. M. Kritzer, ‘To Lawyer or Not to Lawyer:Is that the Question?’, Journal of Empirical Legal Studies, 5 (2008), pp. 875–906, on p. 877) arguably confirms the importance of knowing particular procedural requirements. The more sophisticated the procedures set for a particular type of legal case is, the more chances there are that the litigant will seek legal advice, regardless of the amount of resources at the litigant’s disposal. »

10. H. Sommerlad, ‘Some Reflections on the Relationship between Citizenship, Access to Justice, and the Reform of Legal Aid’, Journal of Law and Society, 31 (2004), pp. 345–68. »

11. R. Moorhead and P. Pleasence, ‘Access to Justice after Universalism: Introduction’, Journal of Law and Society, 30 (2003), pp. 1–10, on p. 2. »

12. J. P. George, ‘Access to Justice, Costs and Legal Aid’, American Journal of Comparative Law, 54 (2006), pp. 293–315, on p. 312. »

13. M. J. Anderson, ‘Legal Education Reform, Diversity, and Access to Justice’, Rutgers Law Review, 61 (2009), pp. 1011–36, on p. 1015. »

14. See Chapter 2, Section 4. »

15. T. Eggertsson, Economic Behavior and Institutions (Cambridge: Cambridge University Press, 1990), pp.

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