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Contracting Access to the Courts: Myth Or Reality? Boon Or Bane?

Abstract

The last quarter of the Twentieth Century has seen substantial division in the legal profession regarding whether resort to litigation is too easy or too difficult. This Article surveys developments and finds that, although the record is mixed, a close examination suggests that access to adjudication has declined. Although the impact of increased barriers to access is also a matter of debate, it appears that restricted access is on the whole detrimental to society, with the detriment falling more heavily upon certain classes of disputants.

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40 Ariz. L. Rev. 965 (1998)

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