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Distributing Civil Justice
The Georgetown Law Journal  (IF2.481),  Pub Date : 2021-06-01, DOI:
Matthew A. Shapiro

With growing economic inequality, questions of distributive justice have become increasingly prominent in legal scholarship, particularly public law scholarship. Civil procedure scholarship has been no exception, traditionally addressing such questions under the heading of “access to justice.” And yet, despite the ubiquity of the phrase, discussions of access to justice have tended to focus almost exclusively onhowprocedural resources and opportunities should be distributed and, accordingly,whoshould receive any given share of those resources and opportunities. Much less attention has been paid towhat, exactly, is being distributed—which specific goods access to justice actually comprises. Perhaps because of this vagueness, proponents of access to justice have coalesced around a fairly stable set of policy positions on a wide range of procedural issues.