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Toward the Constitutional Right of Access to Justice:

Implications and Implementation

Denver, Colorado  November 4, 2011

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Thursday
Jan052012

Cause Lawyering as a Tool to Increase Access

Neal McConomy[1]

University of Denver, Sturm College of Law Professor Alan Chen opened the Cause Lawyering as a Tool to Increase Access panel discussing facial constitutional challenges. Professor Chen’s discussion of facial challenges focused on the shrinking ability to bring as applied challenges due to doctrinal limitations imposed in landmark cases such as Citizens United and Heller. Professor Chen further noted that structural limitations fluster facial challenges. These structural limitations include institutional constraints, attorney fee shifting provisions, and ideological attacks on rights lawyering.

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Friday
Nov252011

Law School Clinics: Education and Access

Kira Suyeishi[1]

The Law School Clinics panel featured Julie Waterstone, Director of the Children’s Rights Clinic and Associate Clinical Professor at Southwestern Law School; Patience Crowder, Assistant Professor and creator of the Community Economic Development Clinic at the University of Denver Sturm College of Law; Jeffrey Selbin, Clinical Professor and Faculty Director of the East Bay Community Law Center at UC Berkeley Boalt Hall; and Brad Bernthal, Associate Clinical Professor of Law with the Entrepreneurial Law Clinic and Technology Law & Policy Clinic at the University of Colorado Law School. Colene Robinson, Associate Clinical Professor of Law at the University of Colorado Law School, moderated the panel.

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Friday
Nov252011

The Right of Access, the Right to Counsel

Lane Womack[1]

In his opening remarks, moderator Scott Llewellyn of Morrison Foerster challenged the The Right of Access, Right to Counsel panelists to focus on addressing the meaningful access to justice, what methods can be used to ensure that fair processes are in place, and how to protect this access. The subsequent comments by three legal scholars directed an intriguing and informative foray into the right of access and the right to counsel, characterizing the historical underpinnings of the rights, and suggesting a future course of action to improve the system.

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Friday
Nov252011

How Legal Rules Shape Access to Justice

Michael Kugler[1]

In the How Legal Rules Shape Access to Justice panel, each panelist addressed problems with legal rules, and how interpretation of those rules has limited access to courts and therefore to justice. While each panelist focused on a distinct area of law, or related legal rules, there was inevitably a good deal of overlap.

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