News & Updates

The effort to create a 21st Century system of justice is advancing. Today, IAALS, the Institute for the Advancement of the American Legal System, and the National Center for State Courts (NCSC) announced the release of a new Roadmap to guide states as they implement sweeping changes to make state courts more efficient and effective—and that five jurisdictions will serve as demonstration pilots as they follow the roadmap and implement civil justice reform. An additional three states have also received grants to support their efforts to have also been selected as demonstration pilots around the country as they work to reduce cost and delay in the legal system. These efforts are part of three-year $1 million strategic response to the call to action sounded by the Conference of Chief Justices, and supported by the State Justice Institute.

The Denver Post reports that the U.S. Senate Judiciary Committee will hear Raymond Moore's nomination today for the U.S. District Court for the District of Colorado. The slow pace of the judicial nomination and confirmation process, normally bogged down by partisanship, may have relented for Moore, who will be considered in the first group of confirmation hearings.

IAALS has launched 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

Last month, in "We Won’t See You in Court: The Era of Tort Lawsuits Is Waning," the Wall Street Journal took a look at the decline in tort lawsuit filings and the reasons fueling the decline, citing “state restrictions on litigation, the increasing cost of bringing suits, improved auto safety, and a long campaign by businesses to turn public opinion against plaintiffs and their lawyers.” At first blush, this may seem like good news: lawsuits are down, people are suing less! However, I caution that it is far from good news and, if this trend continues, the courts may be in danger of becoming irrelevant.

Despite the fact that Federal Rule of Civil Procedure 26(g) went into effect in 1983, the first judicial opinion enforcing this provision was issued just last month. In Branhaven LLC v. Beeftek, Inc., both Plaintiff corporation and Plaintiff’s attorneys under Rule 26(g), ordering them to pay the fees and costs incurred by defense counsel as a result of Plaintiff’s “large, disorganized and last minute document production.”

The Final Report by IAALS and ACTL was cited in Lee v. Max International, LLC, a Tenth Circuit decision written by Judge Neil Gorsuch. Click here to read the article.

John Moye is one of a kind: brilliant and indomitable. IAALS itself was the result of alchemy—a coalition between John, Dan Ritchie, Charlie Gates, and me—and it began over a dinner at a Denver restaurant in the spring of 2005. John and I started talking about “what if.” John, like the other IAALS founders, has never heard the words “it cannot be done,” and IAALS was no exception. 

The New York Times reports more immigrant couples living in separate countries are now utilizing online video chat services to marry despite the distance. These internet marriages are a modern form of proxy marriages that date back centuries and allow a couple to wed even without the presence of one or both spouses.

Following Gingrich’s lead, other Republican presidential candidates chimed in with charges of judicial activism and proposals to limit the federal judiciary.

IAALS’ own Natalie Knowlton was recently interviewed for a Chicago Tribune advice column for self-represented litigants about the problems they face and the tools available that can help increase access to justice for those navigating the legal system without a lawyer.

The Hon. Jack Zouhary, federal district court judge and member of the American College of Trial Lawyers Task Force on Discovery and Civil Justice, recently penned an article for the Federal Lawyer about his case management process and the prioritization of time and resources throughout the life of a case. In broad strokes, he outlines ten of the most important considerations he makes to keep his courtroom efficient.

Voters rejected a proposed constitutional amendment to raise the mandatory retirement age for judges from 70 to 75.

Law Week Colorado recently highlighted IAALS’ new report on the landscape of summary judgment motions practice. The report is intended to serve as a foundation for conversations about current practices and eventual improvements, and recognizes that motions practice—as much as discovery—has a role to play in civil justice reform.

Last week, the U.S. Supreme Court issued its decision in Adoptive Couple v. Baby Girl. The case presented the issue of whether the Indian Child Welfare Act, a law meant to minimize the involuntary removal of Native American children from their homes and tribes, precluded a young girl’s adoption by non-Native American parents. The Court sided with the adoptive parents, finding that the young girl's biological father explicitly gave up parental rights before her birth.

Law schools are being targeted by the media and by former students for failing to provide adequate information about actual employment of graduates, and for graduating more lawyers than the market can bear. Candor and market sensitivity are important, but they are effects—not causes.

Over the past two years, IAALS has been collaborating with the National Center for State Courts (NCSC) on a three-year project to support the modernization and transformation of civil litigation in our state courts. In October we hosted our final meeting for the Midwest Region in Kansas City, Missouri, where over 40 states and territories attended. 

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.

While campaigning for the Republican presidential nomination, Newt Gingrich touted his role in helping to fund the campaign to defeat the three supreme court justices up for retention in 2010.

Each month, the Colorado Lawyer publishes a “Judges Corner” article written by judges on a topic in which they are experts. This month, IAALS teamed with two judges to tackle the topic of unbundling and the important role that judges must play in promoting and encouraging its use.

Opponents of commission-based appointment of judges—also known as the Missouri Plan, for the state in which the judicial selection process originated—have obtained approval from the secretary of state for two identically worded proposed constitutional amendments that would establish contested elections for Missouri's appellate judges.