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Opinions are personal, and only those of the authors themselves. This blog is for informational purposes only and does not provide legal advice. Copyright reserved 2010-2016.ABA Journal Honoree 2017

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- Where the Investigation is Headed: Some Propositions
- A Telling Moment
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- The Corporate Response to Trump
- Justice Kennedy’s Opinion On “Baking Discrimination” Is Clarion Call for Process Neutrality In The Entire Governmental Sphere
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Category Archives: Access to Justice Generally
Court Simplification — Steps to Reduce Costs and Intrustiveness of Family Investigators — An Interesting Pioneer Step By the Colorado Supreme Court
As reported by the Colorado Bar’s Legal Connection Blog, the Colorado Supreme Court Chief Justice has modified, effective April 2011, the Directive on Child and Family Investigations, Chief Justice Directive 04-08. As the blog summarizes the changes they will: “Establish … Continue reading
Posted in Access to Justice Generally, Domestic Violence, Research and Evalation, Systematic Change
Tagged Evaluators, Family Law
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From Russia for Justice — Alternative Models for Access to Justice In Draft Bill
Whether it is a message about universality, yet another underlining of how out of step we are in the US, but the Russian Ministry of Justice, we hear from the Access to Justice Blog, has published a draft law on … Continue reading
Posted in Access to Justice Generally, International Models, Systematic Change
Tagged Russia
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Professor Tribe at LSC
Yesterday Prof. Larry Tribe spoke at LSC to the Board and others. Here are my own impressionistic thoughts of what for me were the highlights. News on Replacement: Prof. Tribe reported that the process for replacing him is moving forward, … Continue reading
Posted in Access to Justice Generally
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Quick Budget Update — 2011 Continuing Resolution Detail
Here is a quick access to justice update (to the best of my understanding) of the implications in the Continuing Resolution agreed to by the President and House and Senate leadership. It has not yet been passed in either chamber. … Continue reading
Posted in Access to Justice Generally, Budget Issues, Legal Aid
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Quick Clarification on Post About Judicial Discretion
I have updated the prior blog about judicial discretion to include clarification from one of the co-authors on the frequency of releases at the end of sessions. It is not quite as dramatic as in the quoted language — but … Continue reading
Posted in Access to Justice Generally
1 Comment
On the Predictabilty of Judicial Discretion — Implications for Judicial Education
The Guardian is running a potentially very disturbing study about judicial decisions at parole hearings in Israel. The study finds strong correlations between when in a session (relative to food breaks) a case is heard and the outcome. The paper … Continue reading
Posted in Access to Justice Generally, Judicial Ethics, Research and Evalation
Tagged Parole
3 Comments
Do We Have Too High a Tolerance for Error in the Justice System?
One plane pops a hole, no one is seriously hurt, and, as there should be, there’s saturation media coverage, immediate inspections of a portion of the fleet, and deep soul searching about our preventive systems. But DNA exonerations suggest that … Continue reading
Pro Bono By Governmet Employees During Shutdowns — Not So Simple — Potential Ethics Problems and Need for Prior Approval
I have just received heard from Laura Klein, Pro Bono Program Manager at the U.S. Department of Justice and the Chair of the Federal Government Pro Bono Program, on the issue of pro bono participation by attorneys during the possible … Continue reading
Posted in Access to Justice Generally
2 Comments
Government Shutdowns — Pro Bono Expansion Opportunity — But Subject to Federal Agency Prior Ethics Approval Under Ethics Rules
APRIL 8 UPDATE: With the threat of immediate shutdown apparently averted, I have updated the language below slightly to be potentially relevant if the threat returns. It might be a time for pro bono programs to consider contingency planning, and … Continue reading
Posted in Access to Justice Generally
1 Comment
Simplification — NYT Article on Suggested Process
Simple article in NYT on how to make processes easier. While aimed at the private sector, the lessons may be helpful to those trying to make forms simpler, and the processes of courts simpler to navigate. The simple solution for … Continue reading
Posted in Access to Justice Generally, Forms, Systematic Change
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Wordle Tool and More
We have all seen those maps of words — indeed this blog uses one to display tags used in this blog. I have now found the free tool you can use to create your own. Here it is (Wordle). You … Continue reading
Posted in Access to Justice Generally, Tools
2 Comments
Migration Policy Institute Data on Foreign Born as Planning Tool
The Migration Policy Institute has a nice tool to get quick data (2009 ACS data) on foreign-born in the US, state by state. You click on a state, and then get basic information, together with links on topics such as … Continue reading
Online Symposium on the Greiner/Pattanayak Paper on Impact of Offers of Representation
Many of you will recall the intense interest that the recent pre-publication attention to the Greiner/Pattanayak Paper on Impact of Offers of Representation has triggered. Here is an interview with Jim Gereiner on this blog. The paper will be in … Continue reading
Posted in Access to Justice Generally, Research and Evalation, Triage
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Mathematical Modeling — The Lessons of Politics
Nate Silver, who is beyond brilliant, blogs for the New York Times, mainly on statistical prediction in politics and sport. (He made his money in sport predictions and moved into politics. He has what looks like a liberal bent from … Continue reading
Posted in Access to Justice Generally
1 Comment
Supreme Court Argument in Civil Gideon/Civil Contempt Case – Sufficiency of SRL Procedures Addressed in SC for First Time
This may become very important. You can read the full transcript of today’s (March 23, 2011) oral argument on whether there is a right to counsel for those facing contempt incarceration for nonpayment of child support. It is fascinating, and … Continue reading