News & Updates

Law school once set the pattern for modern professional education. In his study of Christopher Columbus Langdell, originator of the case method of teaching law, historian Bruce A. Kimball credits him with the invention of meritocracy as a system for…

Last year the Civil Rules Advisory Committee took up the topic of Rule 30(b)(6) depositions following the submittal of a letter by members of the Council and Federal Practice Task Force of the ABA Section of Litigation, in their individual capacities. Unlike individual depositions, Rule 30(b)(6) depositions are noticed to an organization such as a corporation or government agency, and include a description of the matters for examination. The company must identify and prepare the witness to testify about information known or reasonably available to the organization. The rule was initially adopted to curb the practice of “bandying” where organizations produced one witness after another, with each disclaiming knowledge. In their request for a review of current practices under the Rule, the ABA members highlighted confusion about the Rule’s requirements, as well as instances where the courts have divided on how to interpret those requirements.

The American Bar Association's Task Force on the Future of Legal Education has been collecting comments from individuals and organizations since late last year. Educating Tomorrow's Lawyers submitted a comment focused on aligning legal education with the needs of an evolving profession, and made six recommendations.

In a recent presentation, Professor Daniel Martin Katz of Michigan State University College of Law promoted a new law school model that, among other things, blends practice skills with doctrine and favors students with undergraduate majors in science and engineering.

Over the last three years, California has undertaken an effort to “research and analyze innovative proposals for the justice system of the future.” The work has culminated in a final report that was submitted to the Chief Justice on April 26, 2017. The report from the Commission on the Future of California’s Court System focuses on practical ways to more effectively adjudicate cases, achieve greater fiscal stability, and use technology to enhance the public’s access to the courts. The breadth of the report is tremendous, making sweeping recommendations in criminal law, civil law, family law, court administration, and technology.

Chief Justice Wallace Jefferson of the Texas Supreme Court issued his State of the Judiciary message on March 6. In his remarks, Chief Justice Jefferson, who is also member of the Quality Judges Initiative O’Connor Advisory Committee, called for greater access to justice for litigants and families across the socioeconomic spectrum and more efficient courts that can process cases in a reasonable amount of time.

Law Week Colorado recently interviewed Rebecca Love Kourlis about Rebuilding Justice.

Illinois takes judicial education seriously. In 2015, the state Supreme Court formed the Illinois Judicial College, and very recently I was honored to participate in its first full-week debut of courses. Over 400 judges participated and there were over 100 course offerings for them. At the initial plenary session, there was energy in the room—colleagues enjoying being together, eager to learn new things and share information.

In November, the Texas Supreme Court issued long-awaited rules for expedited actions, proposing a mandatory expedited process for cases of $100,000 or less. The Texas Supreme Court has since issued revised final rules, which became effective March 1, 2013. Despite considerable public commentary on the mandatory nature of the rules, the Expedited Actions process under Texas Rule of Civil Procedure 169 remains mandatory for cases of $100,000 or less.

A joint legislative committee considered changing the process for selecting the state’s appellate judges. The primary proposal is to put party labels for judicial candidates back on the ballot, in order to enhance voter information.

The issue of how to provide litigants with equal access to legal services, regardless of the litigant’s financial status, has plagued the legal community for some time now. One solution that is gaining popularity is unbundled legal services, where lawyers work on and charge clients for only those tasks that they agree to in advance.

You may have noticed a new voice in our Honoring Families blog posts. Natalie Knowlton has been with IAALS since 2006 and joined the staff full time in 2008, working first as a Research Analyst across initiatives and then as Manager of the Quality Judges Initiative. Now, she will make significant contributions to our Honoring Families Initiative as its Director.

As part of his plan to “overhaul” the federal government, Republican presidential hopeful Rick Perry proposed eighteen-year, staggered terms for supreme court justices and similarly limited terms for lower federal court judges.

Courts are—to a great extent—in the business of customer service. A new IAALS report, Eighteen Ways Courts Should Use Technology to Better Serve Their Customers, provides a path forward to help courts use existing technologies to improve the user experience, particularly for those people who choose to represent themselves.

Recently, speculation has surfaced about whether judicial selection and tenure will be addressed at a special legislative session in Oklahoma, called by Governor Fallin. Although a Republican legislator wrote a letter warning judges around the state of rumors that there would be efforts to impose term limits and to eliminate the judicial nominating commission, a spokesman for the governor offered assurances that the only topic for the special session is lawsuit reform.

The interest in reforming the graduate level education experience is not unique to law. The Economist reports that Harvard Business School is experimenting with a new curriculum, "FIELD" (Field Immersion Experiences for Leadership Development), that embraces "learning by doing."

After 13 years of growing IAALS from a fledgling idea to a nationally recognized force for change and evolution on the legal landscape, Rebecca Love Kourlis will retire from her role as Executive Director in September. The Chancellor of the University of Denver, Rebecca Chopp, and the Executive Committee of IAALS have opted to fill Kourlis’ formidable shoes with another national leader, Scott Bales, who recently announced he will step down as Chief Justice of the Arizona Supreme Court.

The State Bar of Michigan, which represents more than 43,000 attorneys and judges, has asked the secretary of state to require disclosure of funders of "issue ads" in state elections. Specifically, the bar is seeking an interpretive ruling that such ads should be treated as advocacy rather than electioneering and thus as official campaign spending. Such a ruling would require the disclosure of donors who are currently anonymous.

Justice Sandra Day O'Connor spent a few days last week with us here at IAALS, where we held a meeting of the O'Connor Advisory Committee to the Quality Judges Initiative. Justice O'Connor also engaged in a "fireside chat" under the rubric of the John Paul Stevens Lecture about her life and career. Former Arizona Chief Justice Ruth McGregor and I joined her for the conversation, but it was Justice O'Connor who stole the show.

The article (subscription required) reviews the Model Order on E-Discovery in Patent Cases and commends the work of the Federal Circuit Advisory Council's E-Discovery Committee and Judge Randall Rader, who unveiled the order at the Eastern District…