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WiSe 22/23: Justice for all: Access to Justice across Jurisdictions

Mariella Pittari

Information for students

Platzbeschränkte und teilnahmepflichtige Veranstaltung

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Justice for all: Access to justice across jurisdictions

Course Description

This course in comparative law examines the legal aid that states provide their citizens and how access to justice is reconceptualized through alternative dispute resolution and online dispute resolution. By looking closer at constitutional provisions, legal documents, and essential readings on the subject, we will explore cases from Brazil, the United States, and across Europe to better understand how different jurisdictions dialogue and what potentialities and limits exist for further extending access to the court system. We will also think more broadly about access to justice, revisiting now-classic theoretical writings on the theme (Mauro Cappelletti and the Florence project), paradigmatic cases in the United States, and more recent international documents demanding legal aid in and for developing countries.

Under U.S. Law, institutes such as plea bargaining and plead guilty have been highly criticized by scholars advocating for social change. In light of this literature on access to justice and judicial retrenchment, this course will expose students to cases such as Gideon v. Wainwright, 372 U.S. 335 (1963), Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), Ashcroft v. Iqbal, 556 U.S. 662 (2009), as precedents for the right to counsel under criminal charges and the limits of pleading under the Federal Rules of Civil Procedure. Using the Brazilian scenario, this course will present the students with the challenges of access to justice in developing countries— of ensuring fundamental rights, fighting police brutality, and enforcing rights before the courts. Cases will include challenges to human rights violations of incarcerated populations, lawsuits against land expropriation, claims for compensations for environmental damage, rearrangements in family law, and other landmark cases before the Supreme Court and the Inter-American Court of Human Rights. By featuring leading cases on how different parties have access to the courts, students will engage in critical debate over the relationship between access to justice and incarceration rates, the role of lawsuits in fighting inequality, and the unprecedented changes facing courts as they adapt to technological change. We will close by exploring the trends of digitalization and online dispute resolution and to what extent they promise to expand access.

Mariella Pittari – Ph.D. candidate University of Turin, Italy.

LLM Cornell 2018’.

Public Defender in Brazil.

Course Type:

Practical language exercise / 2 hrs per week

Course Registration:

Please register via Campus Management, Module "Fremdsprachenfachkompetenz A or B"

Exam:

There will be a written final examination.

Frequency:

The course will be held in this winter semester. close