(DOWNLOAD) "Can Preemption Protect Public Participation? (Government Speech: The Government's Ability to Compel and Restrict Speech)" by Case Western Reserve Law Review * eBook PDF Kindle ePub Free
eBook details
- Title: Can Preemption Protect Public Participation? (Government Speech: The Government's Ability to Compel and Restrict Speech)
- Author : Case Western Reserve Law Review
- Release Date : January 22, 2011
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 423 KB
Description
A fundamental goal of the U.S. legal system is for ordinary people to have the practical ability to vindicate their rights in court. The fight to access the judicial system is "one of the highest and most essential privileges of citizenship." (1) Further, because "accurate and just results are most likely to be obtained through the equal contest of opposed interests," broad access to the courts improves the quality of justice. (2) Institutions that offer free legal services therefore perform a public service by expanding access to the legal system--even if their clients' cases are sometimes "in disfavor with the general public" or with politicians' valued constituents. (3) Expanded access to the legal system means that government agencies and private companies must pay attention to people they could otherwise ignore. (4) It results in enforcement of laws that otherwise could be violated with impunity. This is a plus in terms of good government and the rule of law, but it can annoy powerful people who are accustomed to getting their own way.