X hits on this document

PDF document

THE POLITICS OF EQUAL JUSTICE - page 1 / 17

44 views

0 shares

0 downloads

0 comments

1 / 17

HORNSTEIN_FINALMENTE.DOC

11/12/2003 3:26 PM

THE POLITICS OF EQUAL JUSTICE

ROBERT HORNSTEINDANIEL G. ATKINS TREENA A. KAYE ∗∗ ∗∗∗

  • I.

    Thou Shall Not Ration Justice................................................1089

  • II.

    Walking Against the Wind......................................................1091

  • III.

    The Politics of Equal Justice...................................................1094

  • IV.

    The Price of Justice is not Cheap...........................................1100

  • V.

    Will the Circle be Unbroken: Politics or Principle?..............1104

But there is one way in this country in which all men are created equal—there is one human institution that makes a pauper the equal of a Rockefeller, the stupid man the equal of an Einstein, and

the ignorant man the institution, gentlemen, is

equal of

any college

a court.

It can be the

president. That Supreme Court of

the United States or the humblest honorable court which you serve.

J.P. Our

Court in the land, or this courts have their faults as

does any human institution, but in this country our courts great levelers, and in our courts all men are created equal. 1

are

the

I. THOU SHALL NOT RATION JUSTICE

When it comes to providing equal access to the nation’s courtrooms for rich and poor alike, fiction, ironically, is truer than life. The words spoken by Harper Lee’s country lawyer, Atticus Finch, describe an idealized notion of equal justice that to this day remains stubbornly

beyond beyond secure

the embrace of America’s social contract. However, it seems debate that one of the chief functions of government is to

justice.2

The

corollary

of

that

duty

in

a

constitutional

Public Interest Lawyer, Gainesville, Florida. ∗∗ Legal Advocacy Director for the Disabilities Law Program of Community Legal Aid Society, Inc. in Wilmington, Delaware.

∗∗∗Managing Attorney, Sanford, Florida, Central Florida Legal Services.

    • 1.

      HARPER LEE, TO KILL A MOCKINGBIRD 218 (1960).

    • 2.

      See Elihu Root, Foreword to REGINALD HEBER SMITH, JUSTICE AND THE POOR ix

  • (1919)

    .

1089

Document info
Document views44
Page views44
Page last viewedFri Dec 09 00:09:08 UTC 2016
Pages17
Paragraphs829
Words7575

Comments