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A Summary of the Short, Summary, and Expedited Civil Action Programs Around the Country
PublicationIn response to increasing pressures on the civil justice system, both at the state and federal level, many jurisdictions around the country have implemented an alternative process that is designed to provide litigants with speedy and less expensive access to civil trials. These programs are known by many different names—“Expedited Trial Program,” “Short Trial Program,” “Individualized ... MORE
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Efficiency in Motion
PublicationJudges and attorneys from across the country point to dispositive motions as a critical area for reform. When used appropriately, these motions can make civil litigation more efficient, saving the court and the litigants time and money. But when they are filed reflexively, and are not thoughtfully managed or timely ruled upon by the court, they inject additional cost and delay into court systems across the country, ulti... MORE
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Pandemic Positives
PublicationIn the midst of the COVID-19 pandemic, stay-at-home orders, layoffs, closures, and social distancing have upended every aspect of our society, including our justice system. Courts and legal service providers had to quickly develop new processes for providing both in-person and virtual services, ensuring access to information and assistance to those who cannot afford an attorney.
Through detailed case studies, this report showcas... MORE
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Options for Federal Judicial Screening Committees
PublicationSecond EditionCommittees that U.S. senators use to vet would-be federal district judges whom they might recommend to the White House are a little known but substantial part of the landscape of federal judicial selection. The number of committees has doubled since 2009. They are used by senators (and a few House members) in 21 of the 50 states and in the District of Columbia. These 22 jurisdictions e... MORE
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Comment to the ABA Task Force on the Future of Legal Education
PublicationDuring the ABA’s 2013 mid-year meeting, the Task Force on the Future of Legal Education heard testimony from individuals about opportunities to improve legal education. Educating Tomorrow’s Lawyers took this opportunity to submit a comment focused on aligning legal education with the needs of an evolving profession. The comment had six main recommendations:
Law scho... MORE -
A Credit to the Courts: The Selection, Appointment, and Reappointment Process for Bankruptcy Judges
PublicationThe U.S. bankruptcy courts have 351 authorized bankruptcy judgeships, along with an additional 37 retired-recalled bankruptcy judges. Despite the number of cases processed in these high-volume courts and their significance in the financial lives of individuals and businesses alike, very little is known about how the judges who preside over these courts come to be on the bench.&n... MORE
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A Return to Trials
PublicationThere is a widespread perception that the civil justice system is too complex, costs too much, and takes too long. To address these concerns, several federal and state jurisdictions around the country have implemented an alternative process designed to provide litigants with a speedier and less expensive process, including both a simplified pretrial process and a shortened trial on an expedited basis.
In collaboration with the Americ... MORE
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A Model Process for Family Justice Initiative Pathways
PublicationThis publication is a supplemental guide to the Family Justice Initiative's Principles for Family Justice Reform and sets forth best practices to triaging domestic relations cases that match parties and cases to resources and services.
A Streamlined Pathway is appropriate ... MORE -
Ensuring the Right to Be Heard
PublicationOnce a case is filed in court, it becomes the court’s responsibility to manage the case toward a just and timely resolution. This inherently entails an obligation for every aspect of the court, and of all of its staff, to provide guidance to self-represented litigants at every phase of the process. For those cases that go to trial, it is essential that the trial judge be able to modify traditional courtroom practices to make it ... MORE
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Redefining Case Management
PublicationCivil rules reform and case management practices have come a long way since 2009 when IAALS published its original civil caseflow management guidelines. Today, case management is part of every civil justice reform proposal afoot in the nation. Unfortunately, despite the recent focus on case management, a... MORE