News & Updates

In advance of this week's Standing Committee meeting on May 29 and 30, the Advisory Committee on Civil Rules has drafted a new Committee Note to accompany its newly revised proposed Rule 37(e). This is another step forward in the long process of adopting revisions to the Federal Rules of Civil Procedure. The Note provides additional insight into the new rule's "reasonable steps to preserve" language.

A recent blog post, penned by former Judge Steven I. Platt, argues for implementing a short, summary, and expedited civil jury trial process in Maryland. There continues to be great interest in these programs, which generally involve a simplified pretrial process and a shortened, expedited trial, and multiple jurisdictions around the country are considering implementing them. As these programs continue to grow in popularity, we recommend several resources.

A national conversation is ongoing about the future of our civil justice system, and research is being conducted on the litigation process by a number of individuals and organizations. To help make sense of the latest research and to bring it down to a manageable size, we have created a new report that synthesizes the relevant empirical research conducted by a variety of organizations and individuals.

On June 11, 2014, IAALS and the NJC will co-host a webcast for state court judges at no cost. This webcast will enable judges to: adjudicate disputes involving ESI, including the identification, preservation, search, review, production, and admission of ESI; apply ESI terminology such as metadata and native format correctly; and use resources developed by IAALS to assist state court judges in effectively handling e-discovery.

A 93% satisfaction measure is not something you see every day. And, it is even more unusual in circumstances where people reporting such a high percentage account for both winners and losers, which is exactly why Chief Justice Matthew B. Durrant focused on this measure during his 2014 Utah State of the Judiciary Address. Chief Justice Durrants's explanation for the measure can be summed up in two words: procedural fairness.

As a soon-to-be-graduate, I often find my head swirling with concerns and worries about life after law school. Beyond joining a firm, what options are out there for new grads? Banding together with a couple other recent grads or, scarier yet, hanging out my own shingle? The Denver Bar Association was trying to answer exactly this question when it unveiled Stratum, which offers meeting spaces, networking events, and just about every business amenity a lawyer could need.

From coast to coast and everywhere in between, we have collected stories from real people who share IAALS' passion for and dedication to a legal system that is accessible, trustworthy, relevant, and responsive. Their personal accounts of impact are woven throughout our 2013 Annual Report along with a detailed account of our accomplishments in the past year, which set the stage for an ambitious future slate of projects.

IAALS is pleased to announce a $50,000 gift from El Pomar Foundation in support of a groundbreaking series of national conversations. Dubbed “DIAALOGUES,” the project allows IAALS to do what it does best—bring together the best minds in the country to forge solutions to the most pressing issues facing the American legal system.

Late last week, the U.S. Court of Appeals for the Ninth Circuit struck down a handful of provisions in Arizona's code of judicial conduct as they apply to the campaign behavior of judicial candidates. According to the court, "[t]o the extent states wish to avoid a politicized judiciary, they can choose to do so by not electing judges."

The Cook County Circuit Court in Illinois recently revised its rule in domestic relations mediation. The goal of the revision was to give the courts more flexibility in handling each case as effectively as possible and to give parties the choice to participate in an alternative dispute resolution process that best suits their needs.

Speaker of the Senate and Lieutenant Governor Ron Ramsey, a Republican, is leading the charge against three supreme court justices standing for retention in August. (All appellate judges in Tennessee stand for retention at the same time every eight years, but two justices on the five-member court are retiring this summer.)

IAALS is pleased to announce "Foundations for Practice." Led by Educating Tomorrow's Lawyers, this ambitious project focuses on improving legal education and closing the gap between how students are being taught in law school and the knowledge and skills legal professionals say new graduates need to succeed.

Judicial independence is like freedom in that it is often taken for granted, and always at risk. Simply stated, judicial independence means that one branch of government is not subject to the will of the majority. That independent branch is charged with upholding the Constitution, even in the face of contrary majority will, and with protecting the rights of those not in power. What happens when judicial independence is threatened? We have a current all-too-disturbing example.

The family justice system in England and Wales is undergoing its largest changes in 25 years, including a new, single Family Court to replace the three separate tiers of court that previously dealt with family proceedings. Under the new plan, a number of law centers will open throughout the country and employ law students to help divorcing couples walk through the legal process before they go to court.

On April 24, 2014, IAALS was pleased to host its 7th Annual Rebuilding Justice Award Dinner at the Ralph L. Carr Colorado Judicial Center in downtown Denver. The evening was capped by surprise video introductions for our esteemed honorees, filmed by their wives, who each told the story of their husband’s enduring passion and dedication from a uniquely personal perspective.

With many state legislatures around the country wrapping up their 2014 sessions, IAALS Online offers this update on the progress of measures related to the selection and tenure of state judges. Developments in: Alabama, Alaska, Florida, Louisiana, Minnesota, and Oklahoma.

Inter-branch tensions in Oklahoma have escalated in recent days over the state supreme court's handling of a death penalty appeal. A member of Oklahoma's house of representatives filed articles of impeachment against five supreme court justices who voted to stay the execution of two death row inmates. Tension was already brewing between the legislature and the high court over a 2013 decision that struck down a comprehensive lawsuit reform measure.

In the world of choosing law schools, we have generic rankings and recommendations—including US News & World Report, and a number of others that have popped up over the years—which can provide a certain value, but they hardly give the whole picture. Last year, we launched Law Jobs: By the Numbers, an employment calculator that allows you to review school employment numbers based on the criteria you care about most—and with the new 2013 ABA employment numbers, we've made some big upgrades.

In 2010, the U.S. District Court for the Western District of Pennsylvania established an E-Discovery Special Masters Pilot Program with the goal of developing an approved list of special masters to assist with monitoring electronic discovery compliance, narrowing and facilitating resolution of e-discovery disputes, and providing reports and recommendations to the judge, as necessary. A recent article from Law Technology News highlights the successes of the program.

As an interdisciplinary team, the students at the Resource Center provide services to families going through separation and divorce that they cannot get anywhere else. The comprehensive suite of services provided wouldn’t be possible for any one of us to offer singlehandedly. However, when we put our heads together, so to speak, we have the ability to help families go through the entire process, beginning to end, from all angles.