Search result: 2 articles

x
The search results will be filtered on:
Journal Erasmus Law Review x Year 2015 x Category Article x
Article

Access_open A View from the Sky

A General Overview about Civil Litigation in the United States with Reference to the Relief in Small and Simple Matters

Journal Erasmus Law Review, Issue 4 2015
Keywords civil procedure, United States, small and simple matters
Authors Manuel Gomez and Juan Carlos Gomez
AbstractAuthor's information

    This article, which is based on the research conducted for the General Report ‘Relief in Small and Simple Matters in an Age of Austerity’ presented at the XV World Congress of Procedural Law, provides a contextualised and broad overview of these phenomena in the United States. After describing the general features of the federal and state judiciaries, including its adversarial model of judging, and the importance of the jury system, the article turns its attention to discuss the factors that affect the cost of litigation in the United States, the different models of litigation funding, the available legal aid mechanisms, and the procedural tools available for handling small and simple disputes. Furthermore, this article briefly revisits the discussion about the effect of austerity on the functioning of the United States legal system on the handling of small and simple matters and ends with a brief conclusion that summarises its contribution and sketches the points for future research on this important topic.


Manuel Gomez
Manuel Gomez is Associate Professor of Law and Associate Dean of International and Graduate Students at the Florida International University College of Law.

Juan Carlos Gomez
Juan Carlos Gomez is Director of the Carlos A. Costa Immigration and Human Rights Clinic at the Florida International University College of Law.
Article

Access_open Expounding the Place of Legal Doctrinal Methods in Legal-Interdisciplinary Research

Experiences with Studying the Practice of Independent Accountability Mechanisms at Multilateral Development Banks

Journal Erasmus Law Review, Issue 3 2015
Authors Andria Naudé Fourie
AbstractAuthor's information

    There is a distinct place for legal doctrinal methods in legal-interdisciplinary research methodologies, but there is value to be had in expounding that place – in developing a deeper understanding, for instance, of what legal doctrinal analysis has to offer, wherein lies its limitations, and how it could work in concert with methods and theories from disciplinary areas other than law. This article offers such perspectives, based on experiences with an ‘advanced’ legal-interdisciplinary methodology, which facilitates a long-term study of the growing body of practice generated by citizen-driven, independent accountability mechanisms (IAMs) that are institutionally affiliated with multilateral development banks. The article demonstrates how legal doctrinal methods have contributed towards the design and development of a multipurpose IAM-practice database. This database constitutes the analytical platform of the research project and also facilitates the integration of various types of research questions, methods and theories.


Andria Naudé Fourie
Research Associate, Erasmus University Rotterdam, School of Law.
Showing all 2 results
You can search full text for articles by entering your search term in the search field. If you click the search button the search results will be shown on a fresh page where the search results can be narrowed down by category or year.