News & Updates

Alternative dispute resolution is becoming increasingly more prevalent in New York state civil courts, and New York recently announced a renewed commitment to ADR. Legal professionals believe ADR, and in particular mediation, could have a dramatic improvement in some areas of family law, including expediting divorce proceedings and—perhaps most significantly—decreasing the emotional havoc that divorce can wreak on both parties and their children.

A couple years ago, Milbank Tweed announced Milbank@Harvard, billed as a "groundbreaking multi-year training program for Milbank associates" to give them broader context for the commercial matters they handle for clients everyday. This month, David Wolfson, a Milbank partner, talked more about the program with Lee Pacchia of Bloomberg.

Two Republican legislators proposed a bill that would require attorneys to disclose to the judge and all parties to a lawsuit any campaign contributions of more than $500 made to that judge by the attorney or the attorney’s firm within the past five years. The bill would also require the judge’s recusal upon a motion filed by a non-contributing party.

Next week, the American Bar Association kicks off its 2020 Midyear Meeting, and the ABA Center for Innovation has submitted Resolution 115 for passage by the ABA House of Delegates. Resolution 115 would encourage jurisdictions to consider innovative approaches to increase low- and middle-income Americans’ access to justice and to collect and assess data before and after the adoption of any regulatory innovations.

Documentary film Divorce Corp opens in cities across the country today, drawing critical attention to family courts and those involved in the system. The Honoring Families Initiative recognizes that cost, complexity, and access are issues in the family court system, and IAALS will be participating on a panel discussion about possible solutions following a screening of the movie in Denver on January 12, which is open to the public.

Governor Branstad recently made thirty appointments to the state’s district judicial nominating commissions. Many of them oppose the merit selection process, and at least one of them was active in the campaign to defeat the three justices up for retention in 2010.

Courts, judges, and lawyers have demonstrated a remarkable ability to adapt to a remote and technology-driven version of our justice system in response to the COVID-19 pandemic. These changes have fundamentally altered the way the system operates and call for a renewed commitment to civility and collegiality across the legal profession.

Utah requires divorcing couples to attend a two-hour seminar, and one lawmaker has proposed splitting the seminar into separate segments, the first of which occurring earlier in the process to help remind couples that reconciliation is an option. Meanwhile, a bill in Alabama would require couples with children to take a class designed to increase parents' sensitivity to their children's needs.

In two posts, Scott Fruehwald discusses the "Langdellian Bargain": Richard Neumann has added a novel concept to the causes of legal education’s problems, which he calls the "Langdellian Bargain" In Comparative Histories of Professional Education…

Last month, the NCSC commissioned a survey of one thousand registered voters to gauge levels of public trust and confidence in the state courts. Many of the questions focused on the coronavirus pandemic and how respondents felt about remote court processes, protective measures for in-person courthouse appearances, and other new realities.

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.

Two supreme court races are on the ballot in November, with two Republicans and six Democrats vying for the seats. As the May 8 primary approached, the candidates expressed differing views on judicial recusal, public financing for judicial campaigns, and the need for an intermediate appellate court.

In response to the aftermath caused by COVID-19 to businesses throughout the state of Rhode Island, the state’s Superior Court implemented a Business Recovery Plan with the goal of preserving businesses as they climb through recovery and stabilize their operations and accounts.

The Resource Center for Separating and Divorcing Families provides an amazing opportunity for graduate students to gain real world experience not only working with clients but working with other professionals. As a dual JD and MSW student, the Resource Center seemed like the opportunity of a lifetime, and was more valuable than I could have ever dreamed.

The Obama administration’s efforts to diversify the federal judiciary continue. Nancy Torresen, the first female judge in the U.S. District Court for the District of Maine, was formally sworn into office on May 3, 2012.

Civil jury trials have been few since the pandemic began. Cases stalled and slowed, phone conferences and Zoom replaced in-person hearings, and deadlines were extended. How did courts handle the tension between civil rules and procedure on the one hand, and the fundamental right to a jury trial on the other? And, what will stick?

A Netherlands company is headed to New York to establish a "divorce hotel." Couples with uncomplicated divorces can spend a weekend at the hotel to work through the process quickly with mediators and independent lawyers, with the goal of emerging with documentation that a judge can make final. The idea of alternatives to the traditional divorce process are not new in the United States, and continue to expand.

Governor Lynch nominated Concord attorney Jim Bassett to fill a vacancy on the supreme court. His nomination must be confirmed by the executive council following a public hearing. Some legislators expressed concern that Bassett lacks judicial experience, but opposition may also stem from the governor’s lame-duck status.

One of us is a law student. The other is a law professor. We’re both advocates for reforming legal education, particularly through expanded access to experiential learning opportunities. We're writing to highlight a model of experiential legal education—project-based learning—through a glimpse of Justice Lab, a course at the University of Utah S.J. Quinney College of Law.

According to a recent study, Alabama should move from partisan elections of judges to commission-based gubernatorial appointment in order to ensure a stable, predictable, and fair legal system for businesses and promote long-term economic growth. The study explores the correlation between states' methods for selecting judges and how attorneys perceive judges' competence and impartiality, as well as other aspects of states' legal environments.