Constitutional Law. Congress Imposes New Restrictions on Use of Funds by the Legal Services Corporation. Omnibus Consolidated Rescissions and Appropriations Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321

1997 ◽  
Vol 110 (6) ◽  
pp. 1346 ◽  
Keyword(s):  
Constitutional Law ◽  
Legal Services ◽  
Legal Services Corporation

scholarly journals Fraus Legis in Constitutional Law: The Case of Expropriation "Without" or for "Nil" Compensation

2021 ◽  
Vol 24 ◽  
pp. 1-31
Author(s):  
Martin Van Staden
Keyword(s):  
South Africa ◽  
Constitutional Law ◽  
Public Law ◽  
Legal Services ◽  
The Public ◽  
Application Of Law ◽  
Eighteenth Amendment ◽  
The Republic ◽  
Legal Affair

Fraus legis – defrauding or evading the application of law – is a phenomenon well-known to students of private law, but its application in public law, including constitutional law, remains largely unconsidered. To consider whether a transaction, or, it is submitted, an enactment, is an instance of fraus legis, an interpreter must have regard to the substance and not merely the form of an enactment. In 2018 Parliament resolved to amend section 25 of the Constitution of the Republic of South Africa, 1996 (the Constitution) to allow government to expropriate property without being required to pay compensation. While the public and legal debate has since before that time been concerned with "expropriation without compensation", the draft Constitution Eighteenth Amendment Bill, 2019 provides instead for expropriation where "the amount of compensation is nil". By the admission of Parliament's legal services unit, this is a distinction without a difference. But compensation and expropriation are legally and conceptually married, and as a result, it would be impermissible to expropriate without compensation – instead, nil compensation will be "paid". How does this current legal affair comport with the substance over form principle, and is fraus legis at play? This article considers the application of the fraus legis phenomenon to public law, utilising the contemporary case study of the Constitution Eighteenth Amendment Bill.

A note concerning the proposed emasculation of the legal services corporation

1981 ◽  
Vol 11 (4) ◽  
pp. 54-67
Author(s):  
Steven Hickerson
Keyword(s):  
Legal Services ◽  
Legal Services Corporation

scholarly journals The Role of the Legal Services Corporation in Improving Access to Justice

Daedalus ◽  
2019 ◽  
Vol 148 (1) ◽  
pp. 113-119 ◽  
Author(s):  
James J. Sandman
Keyword(s):  
Low Income ◽  
Child Support ◽  
The United States ◽  
Access To Justice ◽  
Legal Services ◽  
Legal Aid ◽  
Wage Theft ◽  
Legal Services Corporation ◽  
Mortgage Foreclosures ◽  
Aid Programs

The Legal Services Corporation is the United States' largest funder of civil legal aid for low-income Americans. The LSC funds legal-aid programs that serve households with annual incomes at or below 125 percent of the federal poverty guideline. Legal-aid clients face a wide variety of civil legal problems: wrongful evictions, mortgage foreclosures, domestic violence, wage theft, child custody and child support issues, and denial of essential benefits. This vital work is badly underfunded. The shortfall between the civil legal needs of low-income Americans and the resources available to address those needs is daunting. Federal funding is necessary because support for civil legal aid varies widely from state to state. The LSC uses the “justice gap” metaphor to describe the shortfall between legal needs and legal services. Narrowing the gap is central to the LSC's mission.

The Interorganizational Politics of Legal Activity

1986 ◽  
Vol 11 (1) ◽  
pp. 1-30 ◽  
Author(s):  
Mark Kessler
Keyword(s):  
Organizational Characteristics ◽  
Legal Services ◽  
Federally Funded ◽  
Local Organizations ◽  
Legal Services Corporation ◽  
Organizational Features

This paper explores influences on the legal activity of attorneys in five federally funded legal services agencies. I examine the effect on legal activity of three sets of variables: lawyer characteristics, organizational features, and interorganizational en vironment. The data suggest that legal activity is influenced most directly by the nature of the interorganizational environment. The influence of personnel and organizational characteristics is indirect and situational, conditioned by the interorganizational context. The findings call into question many of the criticisms expressed by opponents of the Legal Services Corporation. They also suggest that constraints imposed by local organizations on legal services activities are at least as important as national attempts to modify the corporation's mission.

scholarly journals Optimism, Skepticism, and Access to Justice

2016 ◽  
Vol 3 (3) ◽  
pp. 495-513
Author(s):  
David Luban
Keyword(s):  
Low Income ◽  
Legal Issues ◽  
Access To Justice ◽  
Legal Services ◽  
Legal Aid ◽  
Legal Services Corporation ◽  
Bar Association ◽  
The U.S ◽  
People Today

It has been more than twenty years since the American Bar Association published its pioneering study of the legal needs of low-income Americans. The bottom lines of this study are often cited: first, that each year, half of low-income people faced legal needs, defined as “situations, events, or difficulties any member of the household faced . . . . [that] raised legal issues.” Second, 70% of the legal needs of lowincome people went unmet. Twenty years later, it appears that nothing has changed, except for the worse. For one thing, the budget of the Legal Services Corporation (“LSC”) is 40% smaller today—in constant dollars—than it was when the Legal Needs Study appeared. In fact, the LSC’s 2015 budget was 10% lower than it was just four years earlier. Today there are about 4,300 LSC-funded lawyers—about the same as in 1994, the year of the ABA’s legal needs survey. This actually improved over the intervening years, when the number of LSC-funded lawyers dropped significantly. But the number of people eligible for legal aid has grown by 11 million since 1994 to a rather staggering 61 million people today, almost a fifth of the U.S. population.

Access to Justice: The Readability of Legal Services Corporation Legal Aid Internet Services

2016 ◽  
Vol 21 (2) ◽  
pp. 142-165 ◽  
Author(s):  
Dana D. Dyson ◽  
Kathryn Schellenberg
Keyword(s):  
Access To Justice ◽  
Legal Services ◽  
Internet Services ◽  
Legal Aid ◽  
Legal Services Corporation
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