News & Updates

The institution of marriage in the United States is stronger today than it has been for quite some time—or is it? Recent articles from The New York Times and The Week debate the issue and reach different conclusions. The NYT points to many reasons for the drop in divorce, while The Week argues the data is flawed and the state of marriage is not quite so positive.

One of the current proposed amendments to the Federal Rules of Civil Procedure addresses preservation of electronically stored information (ESI). The new proposed Rule 37(e) provides a safe harbor against penalties if a party has taken “reasonable steps” to preserve the ESI. Tom Allman, a retired General Counsel and current Adjunct Professor who frequently writes and speaks on this topic, has written an article discussing the “reasonable steps” language and its implications.

In 2014, we have continued to see a rise in the number of, and interest in, alternative processes designed to provide a more streamlined approach to the pretrial and trial process. While these programs are known by many different names, they all focus on increasing access to our civil justice system. Given the number of programs that have been implemented nationwide, and their diversity, we have updated our chart of these programs, which catalogs their unique elements.

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.

Idaho has released a report evaluating its Informal Custody Trial (ICT) program. The ICT allows litigants in child custody cases to suspend the rules of evidence and the normal question-and-answer format of trial, waive the rules of discovery, and directly present their case, issues, and concerns to the court. The report had many encouraging statistics, but more evaluation may be needed to determine whether the program is successfully helping families.

Like the United States, the United Kingdom has historically faced a lack of legal representation for low income individuals. The apparent lack of resources in both countries has highlighted a perceived remedy: law students working with those in need of legal services. While many people view this solution as beneficial for society, law schools, and students, others have warned against law schools taking up the slack because students still need an opportunity to learn.

In a historic 53.78%–46.22% decision, which is already beginning to transform the state's judiciary in significant ways, Nevada voters elected to create an Intermediate Court of Appeals during the November 2014 election cycle. Nevada has demonstrated that, with right mindedness and well-placed determination on behalf of achieving a high-functioning and efficient legal system, change and progress will eventually prevail.

In November, IAALS convened a group of senior in-house counsel and corporate management from around the country to discuss discovery and the challenges of preservation and production. The convening focused on the proposed federal amendments to Rule 37(e) and the realities companies face on a daily basis, providing an opportunity for attendees to talk to their peers about current practices, challenges, and solutions, for both small and large companies.

Last week, IAALS met with the other members and staff of the Conference of Chief Justices Civil Justice Improvements committee for its second plenary meeting in Washington D.C. The meeting was followed by the National Center for State Court’s Judicial Excellence Events, and culminated in an award ceremony where Chief Justice John Roberts presented the William Rehnquist Award to Kansas Judge Steve Leben, a close friend of IAALS, at the Supreme Court.

A recent article in the Denver Bar Association’s The Docket reviewed the dilemma that surrounds how states select and retain judges. In the article, Colorado's merit selection system is highlighted as a nationally recognized model for ensuring a judiciary that is free from politics, while also affording citizen input. Colorado's process for choosing judges mirrors the four-part O'Connor Plan, IAALS' collaboration with Justice Sandra Day O'Connor.

Three Colorado jurists who were identified as outstanding case managers in Working Smarter, Not Harder: How Excellent Judges Manage Cases have shared their expanded views of successful practices in an article for The Colorado Lawyer. The judges cover some of the more practical suggestions they have for fellow judges, as well as attorneys.

Professor Neil W. Hamilton of the University of St. Thomas School of Law recently published an article that analyzes empirical research on the competencies that legal employers and clients are looking for in new lawyers. For the article, Professor Hamilton surveyed four types of employers: larger law firms, small firms, county attorneys, and legal aid offices. He found all four groups highly valued certain competencies, dubbing them "professional formation competencies."

IAALS provides an overview of the 2014 election outcomes that impacted state courts and judges, including a look at ballot measures, contestable elections, and retention elections.

This Thursday and Friday, November 6-7, 2014, the Law School Survey of Student Engagement's (LSSSE) “Data and Assessment in Legal Education: The Necessities, The Possibilities” symposium will be held at Saint Louis University School of Law. Alli Gerkman, Director of Educating Tomorrow’s Lawyers, will be presenting on a panel about “Using Data to Demonstrate and Improve the Value of Legal Education.”

New research out of the United Kingdom suggests that instead of facing the family court system without legal counsel, families are choosing to forgo the courts altogether. This problem is not novel to the UK, and self-represented litigants are on the rise in the United States as well. Our Cases Without Counsel project is conducting first-of-its-kind national research in the hopes of better understanding how the legal system can meet the needs of these families.

Discovery in the United States is much more broad than other common law countries. While such differences in approach pose challenges in terms of cross-border discovery, our recent report, Allocating the Costs of Discovery: Lessons Learned at Home and Abroad, highlights the lessons to be learned for those at home by looking to more reasonable and proportionate discovery methods used abroad.

A family court in New York City recently allowed a father to serve his ex-wife with notice of a child support action via Facebook. The father first attempted to find and contact the mother through all of the traditional means, to no avail. The magistrate allowed the nontraditional service and noted that it was most likely the first of its kind in the country—when both parties are in the United States.

Professor Debra Moss Curtis has published an article calling for legal educators to look at other programs in higher education, as well as experts who study education, as guidance when considering reform within legal education. The article outlines suggestions that “should be considered by every institution," many of which align with the mission, work, and recommendations of Educating Tomorrow’s Lawyers.

CBS and Jerry Bruckheimer have teamed up to create a new television series based on Richard Gabriel's acclaimed book, Acquittal. Gabriel has previously worked with IAALS and the Rule One Initiative on jury trial issues, including our publication A Return to Trials. The TV series would dramatize high profile cases like those of O.J. Simpson, Phil Spector, and Heidi Fleiss, as well as Enron and Whitewater.

A new study from the American Constitution Society finds a correlation between the airing of TV ads in state supreme court races and justices' decisions in criminal cases. According to the study, the more ads that air in a state, the more likely justices on the state's high court are to vote against criminal defendants. The study also documents the effects of the U.S. Supreme Court's 2010 decision in Citizens United v. Federal Election Commission.