In July, the Conference of Chief Justices Civil Justices approved a resolution endorsing the Recommendations of its Civil Justice Improvements Committee. The Committee’s report, Call to Action: Achieving Justice for All, issues a call to action to the state courts to improve our civil justice system—and a strategic response in the form of thirteen recommendations for restoring function and faith in our civil justice system.
Arizona has long been a leader in civil justice reform, and last week Arizona led the way again with a set of recommendations from its Committee on Civil Justice Reform. The Committee was established by the Arizona Supreme Court in December 2015 to “develop recommendations, including rule amendments or pilot projects, to reduce the cost and time required to resolve civil cases in Arizona’s superior courts.”
When significant amendments to the Federal Rules of Civil Procedure went into effect last December, we celebrated this important achievement but also stressed that how the rules were implemented would be key to seeing a positive impact. The importance of how the amendments are being implemented has not been lost on the bench and bar. In fact, it has been the focus of 2016.
The Self-Represented Litigation Network (SRLN) recently released America’s Civil Courts: Whom Do We Serve? —a geospatial story map designed to help...
Educating Tomorrow’s Lawyers honored Martin “Marty” J. Katz, former Dean of the University of Denver Sturm College of Law with the 2016 Educating Tomorrow’s Lawyers (ETL) Award. Katz served as Dean of Sturm College of Law from 2009 to 2016 and led its development and implementation of a major strategic plan, which included significant initiatives in experiential learning. He is a founding board member of Educating Tomorrow’s Lawyers, a national consortium of law schools that are leading efforts to improve legal education. In addition, Katz serves as a member of IAALS’ Board of Advisors.
It’s September which means at IAALS, it's time for our 5th Annual Educating Tomorrow’s Lawyers Conference. This year’s Conference comes fresh off the heels of ETL’s groundbreaking report, Foundations for Practice: The Whole Lawyer and the Character Quotient, which revealed the keys to career success.
On September 17, 1787, the Framers signed the United States Constitution. The day is observed by some lawyer and judge groups but, unfortunately, largely goes unnoticed by the rest of the population. Our Constitution is masterful, and deserves to be celebrated by all of us.
The United States Constitution will be 229 years old on September 17. The Constitution was the document that charted the course for our country, mirrored in significant part in state constitutions that followed. In one respect, the Constitution is like the rebar embedded in the concrete that supports our houses, buildings, skyscrapers, and bridges. It is unseen, but critical to the strength of the structure. So, too, our Constitution is fused into the heartbeat of our economy, our democracy, and our court system. Without it, we could not do business, pass laws, create rules of interaction with one another, or transfer power peacefully.
A couple of years ago at Aspen, Margaret Marshall, who retired as Chief Justice of the Massachusetts Supreme Judicial Court in 2010, issued a chilling warning about how nations lose the rule of law. Marshall, who spent her early years in apartheid South Africa, said that when the rule of law goes, it does so “astonishingly quickly. The current election cycle brings to mind Marshall’s admonition, and in particular, the allegation that the “game is rigged” leads again to considering the kind of corruption that campaign donations foster: The Citizens United Problem. The case has become a dog whistle on both sides. Progressive surrogates suggest that if only the case could be reversed, the flow of donations from corporations to political campaigns would cease, and with it corruption of the process. On the other side, conservatives caution that to cease the flow of funds would eviscerate the First Amendment guarantee of free speech. And guess what, both sides use the parade of horribles to—you got it—raise money.
On June 15, 2015, members of the American Bar Association joined with their British counterparts on a water meadow on the banks of the Thames at Runnymede, county of Surrey, England, directly under the flight path of Heathrow Airport. This event culminated the celebration of the anniversary of perhaps the seminal document on the rule of law: Magna Carta. I had the privilege of not only attending the 800th Anniversary of the sealing of Magna Carta, but also of chairing the ABA’s London Programs leading up to the actual anniversary. After two years of planning, the celebration exceeded all expectations, with the Her Majesty the Queen, the Her Royal Highness the Princess Royal, other members of the royal family, the Prime Minister, the Foreign Minister, the Archbishop of Canterbury, and the U.S. Attorney General in attendance.