Showing papers in "Daedalus in 2019"
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TL;DR: The access-to-justice crisis is bigger than law and lawyers as discussed by the authors, it is a crisis of exclusion and inequality, and access to justice is restricted: only some people, and only some kinds of justice pro...
Abstract: The access-to-justice crisis is bigger than law and lawyers. It is a crisis of exclusion and inequality. Today, access to justice is restricted: only some people, and only some kinds of justice pro...
85 citations
TL;DR: The papers included in this issue are the result of sustained collaborations within the Successful Societies program, which has meet three times a year since 2003 as discussed by the authors, and each team of authors developed their contribution through extensive discussions at meetings of the entire group over two years.
Abstract: The papers included in this issue are the result of sustained collaborations within the Successful Societies program, which has meet three times a year since 2003. Each team of authors developed their contribution through extensive discussions at meetings of the entire group over two years. Program members (Bloemraad, Grusky, Hall, Jenson, Kymlicka, Lamont, Pierson, Polletta, Raibmon, Son Hing, and Wilson) and advisory committee members (Gourevitch, Le Gales, and Markus) have created teams to attack a question of mutual interest. In all cases, authors focus on the core set of questions and theoretical concerns outlined in this introductory essay, and their contributions draw on a continuing conversation among members of the group. This results in a productive yet all too rare conversation drawing on insights from sociology, political science, social psychology, and history.
69 citations
TL;DR: In this paper, the authors face the challenge of teaching students more complex thinking and problem-solving skills than were widely needed in the past, and how to teach these to a much larger and more divergent population.
Abstract: Universities face the challenge of how to teach students more complex thinking and problem-solving skills than were widely needed in the past, and how to teach these to a much larger and more diver...
43 citations
TL;DR: In the face of rising income inequality, why is there not more public outcry as discussed by the authors, although public choice models predict that rising inequality will spur public demand for redistribution, evidence often...
Abstract: Why is there not more public outcry in the face of rising income inequality? Although public choice models predict that rising inequality will spur public demand for redistribution, evidence often ...
38 citations
TL;DR: The dominant paradigms for policy-making are Neoliberalism, neo-Keynesianism, and neopaternalism as mentioned in this paper, which are the three main sources of inequality.
Abstract: Process matters not just for diagnosing the causes of inequality, but also for how policy is shaped. The dominant paradigms for policy-making – neoliberalism, neo-Keynesianism, and neopaternalism –...
26 citations
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TL;DR: The traditional approaches to "access to justice" obscure the current distribution of economic, social, and political power, and how that distribution favors those who have power and burdens those who are marginalized as discussed by the authors.
Abstract: The traditional approaches to “access to justice” obscure the current distribution of economic, social, and political power, and how that distribution favors those who have power and burdens those ...
17 citations
TL;DR: In this article, the authors promote excellence in undergraduate STEM education at major research universities and ensure that students have the STEM-literate work for which they are entitled to receive. But,
Abstract: Promoting excellence in undergraduate STEM (science, technology, engineering, and mathematics) education at major research universities is necessary to ensure that we have the STEM-literate workfor...
17 citations
TL;DR: The lack of legal capability, the lack of the capacity to understand and act on justice problems, plays a key role in creating these inequalities as discussed by the authors, and a growing evidence base should support and enable global, national, and other policy-makers to achieve stated policy goals and enable people to respond effectively to the myriad legal problems that can threaten their aspirations and well-being.
Abstract: All over the world, civil legal problems are ubiquitous. But while all groups in every society that has been studied experience civil justice problems, these problems and their consequences do not fall equally. Socially disadvantaged people report more problems, more serious problems, and more negative consequences from them. The lack of legal capability-the lack of the capacity to understand and act on justice problems-plays a key role in creating these inequalities. A growing evidence base should support and enable global, national, and other policy-makers to achieve stated policy goals and enable people to respond effectively to the myriad legal problems that can threaten their aspirations and well-being.
16 citations
TL;DR: The authors compare broad academic and vocational program goals, embodied ski slopes and ski slopes, and conclude that the distinction between vocational education and academic learning in college is not as clear as it appears.
Abstract: What distinctions are there between vocational (career and technical) education and academic learning in college? In this essay, we compare broad academic and vocational program goals, embodied ski...
14 citations
TL;DR: For legal technologists, apps raise the prospect of putting the law in the hands of disadvantaged people who feel powerless to deal with their legal problems as discussed by the authors. But these aspirations are heartening, but...
Abstract: For legal technologists, apps raise the prospect of putting the law in the hands of disadvantaged people who feel powerless to deal with their legal problems. These aspirations are heartening, but ...
13 citations
TL;DR: State civil courts struggle to handle the volume of cases before them and litigants in these courts, most of whom are unrepresented, struggle to navigate the courts to solve their problems as discussed by the authors.
Abstract: State civil courts struggle to handle the volume of cases before them. Litigants in these courts, most of whom are unrepresented, struggle to navigate the courts to solve their problems. This acces...
TL;DR: The authors argued that disadvantaged groups face an impossible choice in their efforts to win policies capable of diminishing inequality: whether to emphasize their sameness to or difference from others, and they argued that marginalized groups face the impossible choice of either emphasizing their similarities to or differences from others.
Abstract: Scholars have argued that disadvantaged groups face an impossible choice in their efforts to win policies capable of diminishing inequality: whether to emphasize their sameness to or difference fro...
TL;DR: Incentives that lead sellers to introduce quality improvements and cost-saving innovations in competitive markets also ensure that no opportunity to cheat consumers remains unexploited as mentioned in this paper, and that no collusion remains unexplored.
Abstract: Incentives that lead sellers to introduce quality improvements and cost-saving innovations in competitive markets also ensure that no opportunity to cheat consumers remains unexploited. That diffic...
TL;DR: The Legal Services Corporation (LSC) is the United States' largest funder of civil legal aid for low-income Americans as discussed by the authors, serving households with annual incomes at or below a certain threshold.
Abstract: The Legal Services Corporation is the United States' largest funder of civil legal aid for low-income Americans. The LSC funds legal-aid programs that serve households with annual incomes at or bel...
TL;DR: The authors argue that much of the American conversation about access to justice focuses on regulatory barriers to new forms of service delivery and treats regulatory resistance as the primary problem to be solved, which is not the case.
Abstract: Much of the American conversation about access to justice focuses on regulatory barriers to new forms of service delivery and treats regulatory resistance as the primary problem to be solved. Meanw...
TL;DR: The U.S. Constitution grants no categorical right to counsel in civil cases as discussed by the authors, and the legal profession's renewed effort to improve access to justice for low-income unrepresented civil litigan...
Abstract: The U.S. Constitution grants no categorical right to counsel in civil cases. Undaunted, the legal profession's renewed effort to improve access to justice for low-income unrepresented civil litigan...
TL;DR: For example, the authors argues that understanding is sparse about the lives of people who are poor and struggling economically and who need help in solving a legal problem and don't get it.
Abstract: Understanding is sparse about the lives of people who are poor and struggling economically and who need help in solving a legal problem and don't get it. Politics over the past half-century has mad...
TL;DR: In this article, law schools can help in three ways beyond simply offering free legal clini cation, i.e., they can help by providing free legal support beyond simply simply offering legal clinician support.
Abstract: Civil legal services in the United States are increasingly unaffordable and inaccessible. Although the causes are complex, law schools can help in three ways beyond simply offering free legal clini...
TL;DR: The United States legal profession routinely deals with evidence in and out of courtrooms, but the profession is not evidence-based in a scientific sense as mentioned in this paper, but the legal profession does not deal with evidence at all.
Abstract: The United States legal profession routinely deals with evidence in and out of courtrooms, but the profession is not evidence-based in a scientific sense. Lawyers, judges, and court administrators ...
TL;DR: In this article, basic mechanisms of market competition can reduce both the complexity and the cost of law, while securing law's principality, which is that people lack access to justice because the law is complex and expensive to use.
Abstract: People lack access to justice because the law is complex and expensive to use. Basic mechanisms of market competition can reduce both the complexity and the cost of law while securing law's princip...
TL;DR: This paper found that students from disadvantaged backgrounds often find that succeeding on the path of upward mobility through education requires that they distance themselves from their communities, family, and friend, and that they often find it difficult to adapt to the outside world.
Abstract: Students from disadvantaged backgrounds often find that succeeding on the path of upward mobility through education requires that they distance themselves from their communities, family, and friend...
TL;DR: The teaching of science to undergraduates aligns poorly with the practice of science, leading many students to conclude that research is boring and researchers themselves are antisocial geniuses as mentioned in this paper.
Abstract: The teaching of science to undergraduates aligns poorly with the practice of science, leading many students to conclude that research is boring and researchers themselves are antisocial geniuses. C...
TL;DR: The dominant jazz history narratives is a midcentury rupture where jazz transitions from popular dance music to art music as mentioned in this paper, and the idea that faster tempos and complements are complementary.
Abstract: Central to dominant jazz history narratives is a midcentury rupture where jazz transitions from popular dance music to art music. Fundamental to this trope is the idea that faster tempos and comple...
TL;DR: In this article, a new focus on what constitutes a durable learning experience in a liberal arts setting has been proposed, coupled with new concerns about a changing world have resulted in new demands on learning coupled with a new concern about the changing world.
Abstract: New demands on learning coupled with new concerns about a changing world have resulted in a new focus on what constitutes a durable learning experience in a liberal arts setting. While the noise of...
TL;DR: A close reading of one performance of "I Can't Stop Loving You" was given by Ella Fitzgerald at a concert in New York in 1967 as discussed by the authors, where the audience was asked to sing along with her.
Abstract: “If you don't learn new songs, you're lost,” Ella Fitzgerald told The New York Times in 1967. This essay is a close reading of one performance of “I Can't Stop Loving You” she gave at a concert in ...
TL;DR: Community-embedded law practices as discussed by the authors are small businesses that are crucial in addressing the legal needs that arise in neighborhoods, and they attend to recurring legal needs, contribing...
Abstract: Community-embedded law practices are small businesses that are crucial in addressing the legal needs that arise in neighborhoods. Lawyers in these practices attend to recurring legal needs, contrib...
TL;DR: The essays in this issue of Daedalus raise fascinating and urgent questions about inequality, time, and interdisciplinary research, and they lead me to ask further questions about the public's commitmen...
Abstract: The essays in this issue of Daedalus raise fascinating and urgent questions about inequality, time, and interdisciplinary research. They lead me to ask further questions about the public's commitmen...
TL;DR: In this paper, the authors consider the legal profession's relationship to nonlawyer work and ensure that nonlawyers bolster rather than under-estimate the work of legal professionals.
Abstract: With the prospect of nonlawyers stepping in to do low-fee legal work, how should the legal profession conceive of its relationship to that work and ensure that nonlawyers bolster rather than underm...
TL;DR: In 1960, white jazz pianist Dave Brubeck made headlines for cancelling a twenty-five-date tour of colleges and universities across the American South after twenty-two schools had refused to accommodate black students as mentioned in this paper.
Abstract: In January 1960, white jazz pianist Dave Brubeck made headlines for cancelling a twenty-five-date tour of colleges and universities across the American South after twenty-two schools had refused to...
TL;DR: The rise of jazz-R&B-hip hop fusions in contemporary Los Angeles offers an opportunity to reflect on the ways jazz matters to black audiences today as mentioned in this paper, drawing on recent Afro-futurist art and theory as well as drawing on current Afrofuturistic concepts.
Abstract: The rise of jazz-R&B-hip hop fusions in contemporary Los Angeles offers an opportunity to reflect on the ways jazz matters to black audiences today. Drawing on recent Afrofuturist art and theory as...