News & Updates

Divorce can put families through a long and difficult process of litigation—but does it have to? At its core, the collaborative divorce process occurs outside of court and seeks to resolve issues in a more respectful and dignified setting. According to a recent article, an increasing number of divorcing spouses are turning to this option, and the ABA Journal recently profiled IAALS' out-of-court approach.

If you’re like most prospective students, there’s a good chance the U.S. News & World Report Law School Rankings will play some kind of role in your decision about where to go to law school. We can all debate the merits of the rankings as a method for choosing a law school, but we can’t stop the world from clamoring for them. So until they’re announced, here are some things to keep you occupied.

As has become standard operating procedure in the last several sessions, the Kansas legislature is once again considering proposals to alter the process for selecting the state's appellate judges. Chief Justice Lawton Nuss has spoken out against efforts to end Kansas' merit selection process for appellate judges and has found an ally in O'Connor Advisory Committee member and former Chief Justice of Texas Wallace Jefferson.

Pennsylvania is one of two states that is electing supreme court justices in 2015. To provide the public with information about judges on the ballot, the Pennsylvania Bar Association offers ratings of appellate judicial candidates provided by the Bar's Judicial Evaluation Commission (JEC). But, a sitting commonwealth court judge and supreme court candidate has called that evaluation process into question.

Last year, the ABA’s Student Lawyer featured Alli Gerkman and her advice for current law students. Gerkman discussed the value of building a personal network and the importance of making and fostering professional connections right from the get-go. "Your success and your ability to make an impact are limited only by the breadth and quality of your personal connections," she said.

Social and mainstream media is abuzz with coverage of a recent segment on HBO's Last Week Tonight with John Oliver, in which Oliver skewers judicial elections. With clips of campaign ads that range from the absurd to the appalling, and extreme examples of the tactics some judicial candidates have used to garner campaign contributions, Oliver shines a hilarious but no less accurate light on the "horrifying spectacle" of judicial elections.

A recent survey commissioned by the NCSC explored public opinions of the court system. Compared to a similar survey conducted in April 2012, assessments of state court systems on such measures as integrity, customer service, and stewardship of taxpayer dollars have improved. However, the public still has concerns about the influence of partisanship and political dealmaking, as well as the potential for waste and inefficiency, in the justice system.

A federal judge recently issued an order sharing her impatience with the ongoing discovery disputes of the parties. In addition to highlighting the cost and delay associated with such disputes, the court’s order also highlighted the possibilities for a different process to resolve such disputes. And, there is a clear movement across the country, at the state and federal level, toward these types of alternate processes for handling discovery motions.

Law Week Colorado recently published an article highlighting Educating Tomorrow's Lawyers' report, Ahead of the Curve: Turning Law Students into Lawyers, which examines the Daniel Webster Scholar Honors Program at the University of New Hampshire School of Law. The collaboration exemplified by the program will pave the way for more successful innovations in legal education, according to Alli Gerkman.

The proposed amendments to the Federal Rules of Civil Procedure and their potential impact continue to be on the forefront of discussions around the country. During a recent webinar, the Civil Rules Advisory Committee Chairman, Judge David Campbell, discussed the history of the amendments and the unprecedented number of public comments received during the rulemaking process. The discussion of the proposed amendments continued at Legal Tech New York, where a panel of judges spoke on their impact.

Since opening in September 2013, the University of Denver’s Resource Center for Separating and Divorcing Families has served as an invaluable resource not only for participating families, but also for the graduate students who have an opportunity to work within their field and gain experience. In January’s Family Court Review, students and supervisors share their perspectives on the experience.

IAALS congratulates Colorado's Judicially Speaking on receiving the Sandra Day O'Connor Award for Advancement of Civics Education from the National Center for State Courts. Judicially Speaking is a civics education program founded by Colorado trial judges, including friend of IAALS Judge David Prince. The program is designed to promote middle and high school students' understanding of the role of the judiciary in the American legal system.

Are law school graduates ready to enter the profession, engage in the practice, and serve clients? Many law schools have developed more robust experiential training in recent years. One such program is educating law students who are outperforming their colleagues in the field who have been licensed to practice law for up to two years, according to a study conducted by Educating Tomorrow’s Lawyers.

In its effort to highlight the paradigm shift in how law is being practiced, the ABA Journal recently reported on the IAALS model for a less adversarial, out-of-court divorce process and the first implementation of this model at the University of Denver. While a comprehensive, three-year evaluation of the Resource Center for Separating and Divorcing Families is underway by IAALS, anecdotes from families who have proceeded through the process show that it is succeeding.

Those of you who attended our conference last fall probably had a chance to talk with Elise Miller, Vice President of Research Programs at Access Group, who has been developing their new grant-making program that will support projects and research that aim to address the challenges facing legal education today. The deadline is January 31 for schools interested in applying for a grant through the unsolicited grants program.

With the new year comes reflections on the past, and predictions for the future. This is equally true in the world of e-discovery, and there are many commentators around the country who are taking this opportunity to reflect on the highlights of 2014 and make predictions for 2015. As for our predictions? We know changing the way the civil justice system operates is a function of changing Rules, case flow management procedures, and culture.

Last Tuesday’s Supreme Court argument was the latest chapter in the Court’s struggle to balance electoral candidates’ right to solicit campaign donations against the appearance or actual threat of corruption that arises when litigants or attorneys donate to a judge’s election campaign and later appear before that same judge in court. What all the Justices seemed to agree about—that electing state court judges poses great risk to the legitimacy of the states’ judiciaries—remains beyond their power to remedy.

Iowa Supreme Court Chief Justice Mark S. Cady announced in his 2015 State of the Judiciary speech the creation of a task force “to make recommendations for greater consistency, efficiency, and transparency in the resolution of family law cases.” According to Chief Justice Cady, “[t]hese cases are a big portion of our workload, and now is the time to make sure Iowa’s court system provides the best possible practices and outcomes for families who need our courts during difficult times.”

Discovery in litigation can be complicated and expensive, and electronic discovery is no exception. The preservation and production of electronically stored information presents ample opportunities for complication and expense. To provide education for judges tackling these issues, IAALS and the National Judicial College will co-host a webcast on February 18, 2015, at no cost for state court judges.

ETL is about to release its first major report—a study of the Daniel Webster Scholar Honors Program. The report is not even public yet, but it was already highlighted in the Wall Street Journal and criticized at Above the Law. Ultimately, if law schools are going to develop programs that better prepare students and if prospective students are going to rely on those programs, then legal employers must value them. And, we're working on ways to help ensure that happens.