News & Updates

The last ten years has seen an intense and almost singular focus on discovery. E-discovery has been a big reason for this, given its impact on the entire discovery process from identification to production. Nevertheless, there is another important aspect to the pretrial system that also results in great cost and delay—motions.

In his first news conference, new Republican Governor Pat McCrory rescinded the executive order enacted by his predecessor, Democratic Governor Bev Perdue, creating a judicial nominating commission for filling midterm vacancies on the state’s courts.

The Institute for the Advancement of the American Legal System at the University of Denver today launches a unique, national initiative to change the way law schools educate students. “Educating Tomorrow’s Lawyers” provides a platform to encourage law schools in the U.S. to showcase innovative teaching to produce more practice-ready lawyers who can better meet the needs of an evolving profession.

A couple years ago, IAALS co-sponsored a conference called Client-Centric Legal Services. While there were many interesting takeaways, there was one that I still think about all the time. A speaker suggested that, in legal education, we spend so much time thinking about how to teach students to think like lawyers that we often forget we also need them to think like clients. The challenges facing the legal profession right now are many—and many of them will be more successfully addressed if we listen to and better understand the needs of legal consumers. That mindset begins in law school, which is why clients are at the center of our 6th Annual Educating Tomorrow’s Lawyers Conference.

A senate panel approved a bill that would expand the state’s seven-member judicial nominating commission, adding two commissioners who would be appointed by the leaders of each chamber. Currently, the judicial conference appoints two trial court judges, the state bar president appoints three lawyers, and the governor appoints two non-lawyers to serve on the commission.

With the launch of Rebuilding Justice, which hit the shelves this week, Rebecca Love Kourlis wrote a guest post for Justice at Stake's Gavel Grab.

Arizona’s Supreme Court has approved numerous civil justice reforms “aimed at reducing the time and expense it takes to resolve civil cases in Arizona’s superior courts.” The reforms are based on the recommendations of Arizona’s Civil Justice Reform Committee, which 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.”

Educating Tomorrow’s Lawyers Advisory Committee member Paul Lippe recently spoke to the "Deans Workshop for ABA Approved Schools," and, while that meeting was off the record, he proposes new ideas and frameworks for changing the current law school model in a post at The New Normal.

In October 2011, IAALS recognized three federal judges as the 2011 recipients of the Fifth Annual Transparent Courthouse® Award: the Honorable Mark R. Kravitz, the Honorable Lee H. Rosenthal, and the Honorable John G. Koeltl.

​Some experts are predicting that a change in alimony rules under the new tax law passed late last year may increase the number of divorces this year. The new tax law changes the alimony deduction, which has been in place since 1942. Beginning in 2019, spouses who pay alimony won’t be permitted to take any deductions, and spouses receiving alimony won’t be required to report those payments as income.

Under British Columbia's new Family Relations Act, unmarried couples who have lived together for more than two years will now have the same property rights as married couples. The changes went into effect March 18 and require common law spouses to "evenly split family debt and anything purchased during their relationship, including property, in the event of a break-up."

There are fourteen trial court seats up for election in Manhattan, but candidates are all running unopposed. The five supreme court candidates were nominated at a party convention. Of the nine civil court candidates, only one faced an opponent in the primary.

Alternative dispute resolution processes, especially in the area of family law, are finally starting to become more common—yet still not common enough. IAALS piloted the Center for Out-of-Court Divorce (COCD) in Denver, and other programs, like the Hampshire Family Resolutions Specialty Court in Massachusetts, are also taking shape across the country.

A one-day divorce program that launched this spring in the Sacramento Superior Court is streamlining the process for self-represented litigants who have filed a dissolution of marriage case before the Court and are ready for a final judgment. According to the court, law students are playing “a vital role” in the success of the program, meeting with litigants and gathering intake data; the program is also benefiting from the assistance of volunteer attorneys who serve as Judges Pro Tem.

Of the 100 justices who have served on the supreme court since statehood, only 36 have been elected to their seats. The rest were appointed by the governor to fill mid-term vacancies. But with two open-seat races in 2012, the court will have a majority of elected justices for the first time since 1913.

The road to recovery is arduous for disaster victims. For the increasing numbers of those victims who end up in court in an effort to recover damages, the process can be protracted and complex. Courts are quickly overwhelmed by the volume and complexity of the cases and these challenges quickly frustrate victims already struggling to rebuild. But even with a documented upswing in both the number and severity of natural disasters, it doesn’t have to be this way.

On September 17, 2013, IAALS and the Byron R. White Center are bringing United States Supreme Court Justice Sandra Day O’Connor (ret.) to Colorado to deliver the 3rd Annual John Paul Stevens Lecture. The Stevens Lecture brings a well-known jurist to the University of Colorado Law School each year. Registration for the lecture is now open, and can be accessed online.

Change in legal education is necessary, but it will require the effort of schools, professors, students, media, and the public: The problems facing the legal profession are huge, but not insurmountable. The question is whether more law schools and professors are able to leave their comfort zones, law students are able to think more globally and long term, and the popular press and public are willing to credit those who are already moving in the right direction.

As we move into the New Year, everyone at IAALS is excited to be taking on new projects, creating new relationships, and continuing the important work that moves us toward a more accessible and efficient justice system. To help us pursue that goal, we are welcoming Brooke Meyer to our team, who will serve as a manager, working across our state and federal civil-focused projects.

The new Resource Center for Separating and Divorcing Families at the University of Denver is open for business. Media buzz around the first-of-its-kind Center, based on the model developed by IAALS, continues to grow. Listen to the interview with Rebecca Love Kourlis and Melinda Taylor.