Bibliographic record
Abstract
There is a virtual consensus that there is an ‘access-to-justice’ crisis in Canada. Some of the more concerning elements of the crisis – namely, the inaccessibility of courts – were brought into sharp focus at the onset of the global COVID-19 pandemic, wherein the already strained Ontario courts seemed poised to incur more ‘case debt’ and add to their already lengthy backlog. Responsively, governments and courts mounted a series of immediate reforms that were aimed at coping with the acute crisis, many of which were generally helpful measures that access-to-justice proponents advocated for even in non-emergency contexts. The relatively swift, frictionless nature of the changes – surely abetted by the emergency context – suggests that access-to-justice proponents, who often advocate large-scale legal, policy, and regulatory reforms, should consider what other such immediate, ‘low-hanging fruit’ interventions are available. Civil procedure offers fertile ground for such interventions. To this end, this article seeks to inform future reform efforts with three contributions. First, I argue that the access-to-justice problem is properly characterized as a civil-procedural problem. Second, I offer a new typology of civil procedural rules to fill conceptual gaps in the scholarship. Third, relying on an emergent literature about the concept of ‘procedural flexibility,’ I argue that procedural rules are more negotiable than traditional accounts contemplate, which presents opportunities for the practice of procedural bargaining as an access-to-justice tool.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.014 | 0.019 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.001 | 0.002 |
| Science and technology studies | 0.009 | 0.056 |
| Scholarly communication | 0.015 | 0.010 |
| Open science | 0.003 | 0.009 |
| Research integrity | 0.007 | 0.007 |
| Insufficient payload (model declined to judge) | 0.013 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".