IAALS has just released a Rule One Initiative research report entitled Measuring Rule 16.1: Colorado’s Simplified Procedure Experiment. In 2004, the Colorado Supreme Court put in place Rule 16.1, a voluntary pretrial process for smaller dollar-volume civil cases, with the hope of providing a more efficient path to resolution. This new reports sets forth the results of an empirical study of Rule 16.1, including its role and impact.

A Metropolitan Corporate Counsel article this week asks "Are Courts Beginning to Take Proportionality Seriously in E-Discovery?" As this article points out, “the tide may be changing” with a "variety of recent developments [that] demonstrate that courts are relying on the principle of proportionality with increasing frequency and vigor when assessing the scope and limits of e-discovery."

Governor Sam Brownback and his conservative allies have gained substantial majorities in both houses of the Kansas Legislature as a result of the recent general election. With this support, it is predicted that in early 2013 Governor Brownback will propose a constitutional amendment replacing the current merit selection system for the Kansas Supreme Court and Court of Appeals with partisan elections along with term limits to create turnover on the benches.

Educating Tomorrow's Lawyers Fellow, Professor Michael Madison, has written a blog post examining the state of legal education and emphasizing the need for change. Professor Madison suggests that law schools need to integrate the client relationship throughout their curriculum to prevent the turmoil in the profession from escalating.

In August, the American Bar Association formed the Task Force on the Future of Legal Education to analyze the challenges facing law schools. The Task Force is now seeking comments about the goals law schools should adopt; student demographics; how schools should be financed and accredited; and the ways in which law school costs affect students and the legal profession.

Speaking at the Colorado Judicial Institute’s Tenth Annual Judicial Excellence for Colorado dinner, former Iowa justices Marsha Ternus, David Baker, and Michael Streit stressed the importance to the business and legal communities of maintaining an independent judiciary. According to Justice Ternus, this is a critical factor for businesses in deciding where to locate, as they “want predictability and to know that the courts follow the facts of law, not the whims of special interest groups.”

People for the American Way lauded the work of a federal judicial screening committee established by Senators Udall and Bennet to assist them in recommending to the White House a replacement for a retiring U.S. District Court judge. Upon learning of Chief Judge Wiley Daniel’s plans to take senior status, the senators reactivated the 11-member bipartisan panel they have used for two previous vacancies.

Professor Rebecca Aviel, member of the Steering Committee to the Honoring Families Initiative, has won the third annual Fred C. Zacharias Memorial Prize for Scholarship in Professional Responsibility for her article, “The Boundary Claim’s Caveat: Lawyers and Confidentiality Exceptionalism,” which was published in the Tulane Law Review.

Congratulations to Professor Howard Markman, member of the Honoring Families Initiative Advisory Committee, for receiving the University of Denver's John Evans Professorship Award.

Proponents of replacing Minnesota’s nonpartisan judicial elections with commission-based gubernatorial appointment, retention elections, and performance evaluation were pleased to see Democrats regain a majority in the legislature for 2013, believing that the reform movement lost momentum when Republicans took over in 2010.

The Texas Supreme Court has issued its long-awaited rules for expedited actions this week, making the process mandatory in cases of $100,000 or less. The rules are being adopted as a result of Texas legislation that called upon the Court to promulgate "rules to promote the prompt, efficient, and cost-effective resolution of civil actions."

In an interview with Parade Magazine, Justice Sandra Day O'Connor, Honorary Chair of the Advisory Committee to the Quality Judges Initiative, discusses why approval ratings for the U.S. Supreme Court justices have fallen, stressing that the public's broken confidence in the courts is due to misconceptions that the Court should base their decisions on political and personal beliefs rather than on the law.