Content
Volume III, Issue 1, examines the policy choices that have shaped the American legal system over the past 250 years. This issue explores how these choices have evolved, the values they reflect, and their consequences for justice in practice. At the same time, we aim to imagine how alternative policy choices might inform a more equitable legal system over the next 250 years.
Unauthorized Practice of Law Reform and Domestic Violence Advocacy: Advocate Perspectives on Legal Training
Cayley Balser & Stacy Jane
Unauthorized practice of law reform is gaining momentum in the United States, re-regulating the practice of law to allow others who are not attorneys to provide legal problem-solving help. In an effort to address the access to justice crisis in the US, community-based justice worker models are being proposed and implemented in multiple jurisdictions. As authors who have designed and implemented four of these community-based justice worker programs, we argue that it is imperative to center perspectives of people experiencing civil legal problems and the trusted community leaders who are well situated to step into the legal problem-solving role. This Article shares findings from surveys and interviews with domestic violence advocates — trusted community members who are already providing holistic services to survivors — representing over 20 jurisdictions in the United States. These advocates shared their perspectives, excitements, and worries about an expanding scope of services and provided valuable insights about what legal training they would want and need to feel comfortable and confident to provide survivors with necessary legal advice.
The Failure of Law Reform: Housing Codes, Bans on Retaliatory Eviction, and the Implied Warranty of Habitability
David Ray Papke
After a short history of modern law reform in the United States, this article critiques three major reforms in landlord-tenant law, namely, housing codes, bans on retaliatory eviction, and the implied warranty of habitability. Although widely praised in the 1960s and 1970s, these reforms have done little to improve the deplorable rental housing for poor and working-class households, many of which consist of people of color. Indeed, some argue that these reforms have actually contributed to the worsening situation of low-income renters. As is typical of liberal law reform, the reformers failed to appreciate the immense power differentials within local housing markets or to reduce the overall commodification of rental housing. If lawmakers hope to achieve greater social justice through the law, they must be prepared to dismantle exploitative, often racialized housing markets and to recognize a fundamental entitlement to adequate housing
Oh No, Don't Let the Rain Come Down...
Mervyn E. Bennun
This autobiographical narrative describes the author’s experience working as a novice advocate in South Africa during Apartheid. He was called to defend individuals accused of being a part of the African National Congress (ANC), now known for being the political party of Nelson Mandela. At the time, however, the ANC was a liberation movement comprised of individuals actively resisting Apartheid conditions and was thus targeted by the government. This deeply personal narrative explores what it means to be an advocate in an oppressive system and honors those who found themselves ensnared in it.
Justice Lost and Found Playlist
NJAJ Editorial Board
On the subject of justice, lyricists have much to say. So, we thought it would be fun to share some of our favorite songs that fit the theme of this issue! We hope that you enjoy!
