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As many communities start flattening the curve of medical cases, legal cases arising from the coronavirus are just starting to take off. I argue in @BostonReview that these cases will highlight urgent needs for reform in our nation's civil justice systems https://bostonreview.net/law-justice/daniel-wilf-townsend-urgent-need-civil-justice-reform
This essay builds on a policy proposal I released last month with the Great Democracy Initiative @rooseveltinst, in which I argue for a national civil justice reform package to step up funding for state civil justice systems nationwide: https://twitter.com/drmtown/status/1239566473640755200?s=20
Covid and its economic fallout raise many critical issues—the risks employees must face at work; who is on the hook for broken financial obligations; what happens to those who can't make ends meet. Congress may resolve some questions, but many will give rise to legal disputes 3/x
These covid disputes, in turn, will highlight issues that have long plagued our civil justice system: lack of access and worse outcomes for people who can't afford lawyers; difficulty handling mass disputes like class actions; long delays; chronic underfunding; and more (4/x)
Many civil justice issues came into especially sharp focus when the 2008 recession resulted in large cuts to court budgets. This time around, we have to make sure to learn from past mistakes. The civil justice system's protections are even more important in economic crises (5/x)
Much of the important civil justice reform work happening around the country focuses on the state and local level, as that's where most cases happen. But this national crisis provides a potential opportunity for national civil justice reform: https://greatdemocracyinitiative.org/wp-content/uploads/2020/03/Civil-Justice_Townsend_Final.pdf (6/x)
Civil justice often arises in the context of specific policy issues (eviction, debt collection, workers' rights), rather than as a system that, like the criminal justice system, needs many holistic reforms. But the months ahead will show that big reforms are necessary. (7/x)
The cases arising from Covid-19 will test our civil justice system, and it will likely come up short. But this may be a chance for advocates to show why the civil justice system is so crucial, bringing the need for reform to greater public awareness. (8/8) https://bostonreview.net/law-justice/daniel-wilf-townsend-urgent-need-civil-justice-reform
