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Expanding access to justice : an exploration of large firm pro bono practice across Europe
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Florence : European University Institute, 2019
EUI; LAW; PhD Thesis
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KHADAR, Lamin, Expanding access to justice : an exploration of large firm pro bono practice across Europe, Florence : European University Institute, 2019, EUI, LAW, PhD Thesis - https://hdl.handle.net/1814/63004
Abstract
This PhD thesis explores pro bono practice among large, international law firms in Europe. The central question addressed by the thesis is: does “Big Law Pro Bono” contribute to access to justice in Europe? The thesis commences with a review of the literature which both contextualizes and situates the thesis. This review also identifies gaps in the existing literature particularly related to the globalization and localization of law firm pro bono and its practice beyond the United States (i.e. its practice in other parts of the world such as Europe, Asia, Africa and Latin America). After identifying issues with the current definition of access to justice, used throughout much of the existing literature, the thesis proposes a new definition which is then used throughout the thesis to evaluate pro bono practice in Europe. Towards this end, the thesis first provides historical context to law firm pro bono practice by exploring the history of pro bono, legal aid and other models of progressive lawyering across Europe. Following this, the thesis closely explores the process by which large firm pro bono practice arrived in Europe (i.e. globalization), the contemporary practice and the process by which it adapted to the European legal, social and political ecosystem (i.e. localization). Ultimately, it is suggested that large firm pro bono does not contribute to access to justice in Europe insofar as access to justice is defined narrowly - in the way that it has been conceived of in much of the existing literature. However, by embracing a broader definition of access to justice, it is possible to perceive the actual (and possible) social and political impact of large firm pro bono practice in Europe.
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Defence date: 24 May 2019
Examining Board: Professor Claire Kilpatrick, European University Institute; Professor Scott Cummings, UCLA; Professor Louise Trubek, University of Wisconsin; Professor Joanne Scott, European University Institute
Awarded the Mauro Cappelletti Prize 2020 for Best Doctoral Thesis in Comparative Law defended in 2019
Examining Board: Professor Claire Kilpatrick, European University Institute; Professor Scott Cummings, UCLA; Professor Louise Trubek, University of Wisconsin; Professor Joanne Scott, European University Institute
Awarded the Mauro Cappelletti Prize 2020 for Best Doctoral Thesis in Comparative Law defended in 2019
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Chapter 6 ‘Does Big Law Pro Bono contribute to access to justice in Europe? Can it?' of the PhD thesis draws upon an earlier version published as chapter 'The EU public interest clinic and the case for EU law clinics' (2018) in the book ‘Reinventing legal education : how clinical education is reforming the teaching and practice of law in Europe’