Effective July 1, 2013, two current IAALS managers stepped up to lead their respective divisions. Corina Gerety has assumed the role of Director of Research and Brittany Kauffman is now Director of the Rule One Initiative. The IAALS Research Department supports all substantive initiative areas as needed, providing a broad range of research assistance. The Rule One Initiative serves to advance empirically informed models for court processes and procedures that provide greater accessibility, efficiency, and accountability in the civil justice system.
A recent piece in the Chicago Sun-Times sheds light on the process for selecting judges in Cook County, Illinois. Earlier this month, the Cook County Democratic Party's Judicial Selection Committee met to "slate" candidates, a process through which candidates meet with the committee to discuss their qualifications in hopes of getting the party's endorsement. Some participants in the slating process assert that most of the party's picks are pre-determined based on political connections instead of qualifications.
At the direction of the Montana Legislature, the Montana Law and Justice Interim Committee met last month with the objective of finding ways to improve the Montana family court and domestic relations proceedings. To facilitate their analysis, the committee plans to examine three issues in particular: the current cost and efficiency of the Montana family court system, family law models successfully used in other states, and measures needed to improve the administration of justice and the non-adversarial resolution of family court matters in Montana.
For the second time in his tenure—and the second time in state history—New Jersey Governor Chris Christie declined to renominate a sitting supreme court justice. Christie offered two rationales for the decision to pass over Justice Helen Hoens in favor of superior court judge Faustino Fernandez-Vina: his interest in sparing Justice Hoens the senate's likely "political vengeance" in the confirmation process and the need for more diversity on the high court.
On August 12, retired U.S. Supreme Court Justice Sandra Day O'Connor delivered the keynote address at the 2013 Legislative Summit of the National Conference of State Legislatures in Atlanta, Georgia. Justice O'Connor expressed concern that processes for selecting judges are becoming increasingly politicized, and that civics education is essential in helping young people understand that judges are obligated to make decisions based on the law, even if those decisions are politically unpopular.
A recent article in the Washington Post suggests that our current concept of marriage needs to adapt to the high divorce rate in the United States. As a solution, the author borrows a concept from property law and suggests that couples enter into “wedleases”—agreements in which couples commit to one another for a set period of years. The article argues that “wedleases” provide a practical option for couples to part ways at the end of a bad relationship without going through a messy divorce process.
According to a new book entitled “What the Best Law Teachers Do,” ETL Fellow and Professor Roberto Corrada of the University of Denver Sturm College of Law (an ETL Consortium school) is among the ranks of the twenty-six best legal educators in the United States. Each chapter of the book focuses on a how these professors achieve significant, positive, and long-term effects on their students, such as: how they relate to students, their methods of preparation, their teaching techniques, their delivery of feedback, and personal qualities that enhance their teaching.
On August 15, 2013, the public comment period opened on the proposed amendments to the Federal Rules of Civil Procedure. This package of amendments represents the culmination of several years of work on the part of the Civil Rules Advisory Committee, with the end goal of streamlining the pre-trial process, and particularly discovery, so as to achieve a “just, speedy, and inexpensive” process. The public comment period will run through February 15, 2014.
The Seventh Circuit Electronic Discovery Pilot Program Committee, which for many years has been at the forefront of efforts to reduce the cost and burden of electronic discovery consistent with the goals of Rule 1, now provides another important resource for practitioners and judges everywhere. The Committee, which is currently engaged in Phase 3 of the Pilot Program, has developed a Model Discovery Plan and Case Management Order (CMO) relating to privileged documents.
Ann Roan, State Training Director for the Colorado Public Defender's Office, advocates for more practical skills education within law school classrooms in order to ease the transition into the high stakes environment of the courtroom. In her Voices from the Field interview, Roan suggests recalibrating the instructional emphasis between doctrine and practice in a way that allows students to actually apply what they learn. Underscoring the importance of balancing doctrinal and experiential learning, Roan believes “You have to know the rules of the game before you can excel in the skills of the game.”
This summer, the Brooklyn Family Court Child Support Study hopes to improve the quality of legal assistance to self-represented litigants in child custody proceedings. Observers will track whether magistrates explain to self-represented litigants the reason for the hearings, explain the courtroom proceedings, and/or exhibit irritation with the litigants. Then, the observers will follow up with the litigants in a brief interview to discern whether the litigants found the proceeding to be fair and whether they understood what took place in the courtroom.
The ABA Task Force on the Future of Legal Education released its Working Paper late last week. If you have been following the discussions, you’ve heard about the current landscape of legal education and you may not find many surprises in this precursor to the final report. But here’s what is surprising: everyone seems to agree that the Task Force is on the right track. The Working Paper describes initiatives that can facilitate change, and cites our Consortium of law schools as a promising example. And our 2nd Annual Conference focuses on three key highlights from the Working Paper.