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Expert Opinion

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Tending the Field: Bolstering Courts to Compete with Arbitration
Tending the Field: Bolstering Courts to Compete with Arbitration
The New York Times is running a series of articles on consumer-business arbitration. The writers observe that arbitration takes away transparency, due process, the right of appeal, and assurance of an impartial decision maker—all of the attributes of a court system. In exchange, it offers a speedier, cheaper process.
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1
Pennsylvania Judiciary Making History—In Good Ways and Bad
Pennsylvania Judiciary Making History—In Good Ways and Bad
In response to record-breaking judicial election spending, and an unprecedented series of scandals involving supreme court justices, reform-minded folks in Pennsylvania are making historic strides toward change.
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1
The Top 10 Legal Culture Shifts Needed to Create the Courts of Tomorrow
The Top 10 Legal Culture Shifts Needed to Create the Courts of Tomorrow
For the last ten years, IAALS—the Institute for the Advancement of the American Legal System—has worked to rebuild the civil justice system. After much work, and through collaboration with some of the very best minds in the country, we are finally reaching a critical goalpost in that mission.
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1
Judges Must Be at the Helm of Civil Justice Reform
Judges Must Be at the Helm of Civil Justice Reform
Judges are the linchpin of the court system—the piece that that holds the wheels on. When a judge is engaged, attentive, and dedicated to assuring that each litigant gets the best the system can offer, then the process moves smoothly. When a judge is overworked, out of touch, or unprepared, then the wheels fall off.
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1
How Are Judges Chosen? New Resource Gives State-by-State Breakdown
How Are Judges Chosen? New Resource Gives State-by-State Breakdown
It is no surprise that there is much confusion around how judges get to be judges in the United States. No two states use the same method to select and retain their judges, and even in individual states, the method may vary by the level of court and even location.
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1
IAALS and Justice O’Connor: How Governors Should Fill Interim Court Vacancies
IAALS and Justice O’Connor: How Governors Should Fill Interim Court Vacancies
he Quality Judges Initiative at IAALS, along with Justice Sandra Day O’Connor and other members of our advisory committee, has been reaching out to governors of these states to urge them to use nominating commissions when filling court openings that occur between scheduled elections. These vacancy nominating commissions invite applications for open positions, screen and interview the candidates who apply, and recommend a short list of the best qualified to the governor for appointment.
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1
Mandatory Retirement Ages for Judges: How Old Is Too Old to Judge?
Mandatory Retirement Ages for Judges: How Old Is Too Old to Judge?
States across the country are wrestling with the question of whether a mandatory retirement age should be imposed upon judges, and if so, what that age should be. A number of states are considering raising or eliminating their age limits, while in at least one state, lowering the maximum age has been proposed by legislators to try and keep the courts in line.
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1
Retention Elections for U.S. Supreme Court Justices? IAALS Weighs In
Retention Elections for U.S. Supreme Court Justices? IAALS Weighs In
In response to the end-of-term decisions from the U.S. Supreme Court on marriage equality and the Affordable Care Act (Obamacare), some presidential candidates are calling for changes to the life tenure that justices enjoy under Article III of the U.S. Constitution.
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U.S. Supreme Court: States Can Ban Judicial Candidates from Personally Seeking Campaign Cash
U.S. Supreme Court: States Can Ban Judicial Candidates from Personally Seeking Campaign Cash
In a ruling that took some fair courts advocates by surprise, the U.S. Supreme Court upheld the authority of states to bar judges and judicial candidates from personally soliciting campaign contributions. Chief Justice Roberts delivered the majority opinion in Williams-Yulee v. The Florida Bar, holding that “[a] State’s decision to elect judges does not compel it to compromise public confidence in their integrity.”
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Five Things to Do While You're Waiting for U.S. News Law School Rankings to Hit
Five Things to Do While You're Waiting for U.S. News Law School Rankings to Hit
If you’re like most prospective students, there’s a good chance the U.S. News & World Report Law School Rankings will play some kind of role in your decision about where to go to law school. We can all debate the merits of the rankings as a method for choosing a law school, but we can’t stop the world from clamoring for them. So until they’re announced, here are some things to keep you occupied.
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