We live in a time of cynicism and dissatisfaction with government—a dissatisfaction that includes the judicial branch. Gallup surveys of satisfaction with the way the nation is being governed have been stuck for the past few years at levels not seen since the days of President Richard Nixon and Watergate. Approval of the United States Supreme Court, which historically stayed safely in positive territory, has been close to 50-50 in recent years—and was negative (50% disapproving, 45% approving) at the start of the Court’s term last October.
As law schools across the country strive to produce lawyers who can hit the ground running—and as we gear up to launch our Foundations for Practice findings—Alli Gerkman, Director of Educating Tomorrow’s Lawyers, has been hitting the road around the country to explain how legal educators and employers can work together to shape the future of legal education.
Updates to the Federal Rules of Civil Procedure and a rising crop of tech savvy attorneys have Magistrate Judge John M. Facciola (Ret.) of the U.S. District Court for the District of Columbia optimistic about the future of e-discovery.
The June edition of 5280 Magazine highlights the reality of self-representation in Colorado’s civil courts. Referencing the first-hand experience of a litigant who navigated her way through the family court process without an attorney, the article discusses how more and more Coloradoans are without legal representation in their civil case.
The judicial screening and nominating process, used to select judges in two thirds of the states, is one area in which implicit bias may have a negative impact. This potential is addressed in a great new resource from the Brennan Center for Justice at NYU Law School, which provides nominating commission members with concrete guidance on the steps they can take to promote a more diverse bench.
We are pleased to announce the results of our evaluation of the Resource Center for Separating and Divorcing Families (RCSDF)—the first manifestation of the IAALS Honoring Families Initiative’s out-of-court model for separation and divorce.
IAALS has been instrumental in changing the landscape of Colorado’s civil pre-trial practice. It all began with Becky Kourlis’ provocative and influential speech at the American College of Trial Lawyers annual meeting in March 2007, where she outlined the disturbing trends and challenges facing our justice system. Becky’s talk was the seed that grew into the ACTL Task Force on Discovery and Civil Justice, which was tasked with taking a hard look at these problem areas and recommending improvements. IAALS provided a wealth of information, experience, necessary guidance, and high credibility to the Task Force.
For separating and divorcing families, access to justice can be hard to come by. Our traditional, court-driven model de-emphasizes parents’ (and children’s) long-term interests, fosters expensive legal fees, and lacks important services that can help families reorganize in a well-rounded way. But, in a recent article for the ABA’s Dispute Resolution Magazine, Denver’s pioneering Center for Out-of-Court Divorce (COCD) is discussed as a bright new future for the process—one that centers on problem solving and holistic outcomes.
IAALS’ Honoring Families Initiative recently released two new reports focused on the experiences of self-represented litigants in our family court system: Cases Without Counsel: Research on Experiences of Self-Representation in U.S. Family Court and Cases Without Counsel: Our Recommendations after Listening to the Litigants.
A recent study by the American Constitution Society for Law and Policy (ACS) is shedding new light on the demographics of state judiciaries across the country. The Gavel Gap project collected data based on the race, ethnicity, and gender of 10,000 sitting state court judges, and then analyzed how closely each state’s bench reflects its population.
One of the reasons that the American experiment succeeded was the genius of our Founding Fathers in establishing a three-part system of government with an independent judiciary. Without an independent judiciary, we have just one more political entity, subject to the control of the majority, untethered from the Rule of Law, and susceptible to bullying.
Today, IAALS released a new report that finds family law attorneys, as stewards of the justice system, are uniquely positioned to best drive much needed change within the system. The Family Law Bar: Stewards of the System, Leaders of Change provides a blueprint for attorneys to help lead change in the system for their clients. It resulted from a groundbreaking summit that united a diverse group of national leaders around the shared goal of identifying obstacles and finding solutions that reshape the divorce and separation process so it better serves the needs of children and families.