News & Updates

Justice Paul J. De Muniz was elected to the Oregon Supreme Court in 2000 and served as the court's Chief Justice and administrative head of the Oregon Judicial Department from January 2006 to May 2012. As we launch IAALS Online, he joins three other former Chief Justices in the conversation about IAALS and its initiatives by discussing the work of our Honoring Families Initiative. "Like with other parts of our court systems, now is the time to ask hard questions about the structure, operation, tradition, and culture of our family courts. We could begin by asking whether our traditional adversarial model actually meets the needs of divorcing and separating families. Is it not time to reengineer our family courts in ways that are less adversarial, that encourage continued parental involvement with their children, and that provide for alternative forums and processes outside the court system for resolving parenting issues in a more consensual manner?"

A recent Wall Street Journal article details how one of America’s foremost jurists has declared war on legal jargon. Judge Richard Posner, who sits on of the Seventh U.S. Circuit Court of Appeals in Chicago, has launched an aggressive assault on legalese.

With less than a month until the November elections, a federal judge struck down the state’s limits on campaign contributions, finding that existing limits prevent candidates from mounting effective campaigns. The case was brought by conservative activists, corporations, and Republican groups.

This week, former New York Chief Judge Jonathan Lippman, was presented with the first-ever Mary C. McQueen Award for Excellence and Leadership in Justice System Improvement as part of the annual joint conference of the Conference of Chief Justices and Conference of State Court Administrators.

On Bill Moyer's show, Sally Pederson and Joy Corning, co-founders of a bipartisan coalition called Justice Not Politics, discuss the risks to the judicial system when "justices are at the mercy of partisan passions and money in politics." Justice Not Politics successfully campaigned against conservative groups in Iowa that were working to oust a justice involved in a 2009 unanimous decision recognizing a constitutional right to same-sex marriage.

Last month, we gathered legal educators, practitioners, and judges from across the country for—wait for it—our 5th Annual Educating Tomorrow’s Lawyers Conference. As we kicked off the conference on the first day of fall, we reflected on the meaning of harvest.

The D.C. Bar Judicial Evaluations Committee is beginning its annual survey of attorneys about judges sitting on the D.C. Court of Appeals and D.C. Superior Court. The results of the evaluations are given to the evaluated judge and the chief judge of his/her court.

As reported by the Washington Post, the President is not the only one who has taken on the courts recently: it is also happening in state legislatures around the country. This comes as no surprise to state court watchers; in fact, legislation targeting state courts for unpopular decisions is now commonplace. (Our March 2016, January 2015, and February 2014 blog posts chronicle these efforts.)

As the quality of judges and integrity of the judiciary continue to receive heightened attention, education and outreach has increasingly become the focus for the courts. Slowly joining the social media bandwagon, judicial performance evaluation (JPE) sites have been cropping up. What is emerging in the world of retention elections and JPE results?

Recently, Brad Borden and I wrote a paper titled “The Law School Firm” (forthcoming South Carolina Law Review). The article idea is simple: Law schools should own and operate affiliated law firms where graduating students go to get trained in the practice of law for a fixed duration, similar to a judicial clerkship or analogously a residency for new doctors. The law firm would be run by senior attorneys who develop books of business, and it would be economically sustainable. Since the article’s public release, it has garnered significant attention.

​As noted by the Miami Herald, the average lifespan of an immigration case in the United States is about three years. Several factors have led to the nation-wide backlog, but many say the most prominent reason is the national shortage of federal immigration judges. According to a recent report by the Government Accountability Office, the backlog of immigration cases nearly doubled between 2009 and 2015 due to the shortage of judges. The average caseload for each judge is approximately 2,000 cases and some immigration courts are so backed up that they’re already scheduling cases for the year 2020.

In E-Discovery: The Views from the Trenches, the National Law Journal surveyed litigators and vendors to get their perspectives on the top developments in e-discovery over the past year. A top response—predictive coding. But proportionality made a showing as well.

Republican presidential candidate Newt Gingrich promised to “restore the proper role of the judicial branch.” Among his proposals in this regard are ignoring federal court decisions with which he disagrees and subpoenaing federal judges to seek explanations for their decisions.

With nearly 30 percent of lawyers responding to our Foundations for Practice survey indicating that “life experience between college and law school” was “very helpful” (and another 49 percent saying it was “helpful”), why don’t lawyers discuss these experiences more on resumes or in interviews? The focus generally is to keep their background “strictly legal,” but the Foundations survey indicates that employers are looking for new hires that have grit, work ethic, and experience. And if you’re a young lawyer, likely the only place you can draw on past experience is non-legal jobs.

The national dialogue about changing legal education has proposed many ideas aimed at making the system better, one of which being the outright elimination of the third year of law school. In the wake of this consideration, Luke Bierman, the Associate Dean for Experiential Education at Northeastern University School of Law, offers Northeastern’s Cooperative Legal Education Program (co-op) as an effective, alternative model that makes better use of all three years spent in law school.

The online legal community was abuzz Monday with the news that corporate clients don’t want to foot the bill for new lawyer training thanks to a Wall Street Journal article that asks: “First-Year Associates: Are They Worth It?” We’ve been talking to in-house counsel for months about gaps in legal education and the skills they would like law schools to develop in their students.

Dan Ritchie has had a profound influence on IAALS. The idea of IAALS was born in his office one day in 2005 when he said to me, "Is there a think tank for the legal system somewhere—a think tank that would be collaborative and action-oriented? Does such a thing exist? No? Well, why don’t we start one. Why don’t you reach out to John Moye and see if he would be interested, too." Then, Dan raised the money, positioned IAALS for maximum impact, and helped me to pull together an initial team. And he has stuck with us, helping us shape our mission and our projects at every turn.

In a recent article, The Miami Herald takes a closer look into the University of Miami's new dual medical-legal degree program, set to launch this fall. This program is an expansion of Miami's Health and Elder Law Medical Legal Partnership, designed to cross-train medical and law students in each other’s disciplines. The program lessens the time and tuition required if each degree was pursued separately.

President Obama nominated supreme court justice Andrew Hurwitz to the U.S. Court of Appeals for the Ninth Circuit. If Hurwitz is confirmed, Governor Brewer will have the opportunity to make her third appointment to the five-member court.

Law school clinics are often said to serve two goals. They are a place where law students can develop and practice their legal skills in a real setting, with the safety net of faculty supervision. They also aim to serve low and modest means clients whose legal needs might otherwise go unmet. And, according to a recent study, clinics are achieving these goals.