Year:

  1.  1
    “Unity in Diversity” Reloaded: The European Court of Human Rights’ Turn to Subsidiarity and its Consequences.Mikael Rask Madsen - 2021 - The Law and Ethics of Human Rights 15 (1):93-123.
    The European Convention of Human Rights system was originally created to sound the alarm if democracy was threatened in the member states. Yet, it eventually developed into a very different system with a focus on providing individual justice in an ever growing number of member states. This transformation has raised fundamental questions as to the level of difference and diversity allowed within the common European human rights space. Was the system to rest on minimum standards with room for domestic differences, (...)
    Direct download  
     
    Export citation  
     
    Bookmark  
  2.  1
    Representing What? Gender, Race, Class, and the Struggle for the Identity and the Legitimacy of Courts.Judith Resnik - 2021 - The Law and Ethics of Human Rights 15 (1):1-91.
    In 1935, when the U.S. Supreme Court’s new building opened and displayed the phrase “Equal Justice Under Law,” racial segregation was commonplace, as were barriers limiting opportunities for men and women of all colors to participate in economic and political life. The justices on the Court and the lawyers appearing before them reflected those facts; almost all were white men. Today, the Supreme Court’s inscription has become its motto, read as if it always referenced an understanding of equality that has (...)
    Direct download  
     
    Export citation  
     
    Bookmark  
  3. The Politics of Civil Procedure: The Curious Story of the Process for the Eviction of Tenants.Israel Rosenberg & Issi Rosen-Zvi - 2021 - The Law and Ethics of Human Rights 15 (1):153-186.
    This article examines the process for the eviction of tenants, which offers landlords a swift path for obtaining an eviction order against their tenants, as a case study exposing the politics of procedure. It shows that the PET is but one stage in a longstanding battle waged between two interest groups—landlords and tenants—involving both substantive law and procedural law. But while the story of their conflict over substantive law, fought in the parliament through the regular legislative process, is well-known, the (...)
    No categories
    Direct download  
     
    Export citation  
     
    Bookmark  
  4. Diversity by Design: Improving Access to Justice in Online Courts with Adaptive Court Interfaces.Ayelet Sela - 2021 - The Law and Ethics of Human Rights 15 (1):125-152.
    Recent years have seen the emergence of online courts and tribunals: digital platforms that enable self-represented litigants to complete electronically the entire court process, from filing through final disposition. This article proposes that the unique nature of online courts as digital interfaces enables them to implement a new strategy—diversity by design—to improve access to justice and procedural justice for a diverse population of SRLs. Reflecting a human-centered legal design approach, and building on research in human-computer interaction and digital choice architecture, (...)
    Direct download  
     
    Export citation  
     
    Bookmark  
 Previous issues
  
Next issues