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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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- Nixon, Trump and the Nexis Between Evil Policy and Core Crimes
- How the Access To Justice Movement is Helping Constrain Trumpism
- Becky Sandefur is a MacArthur!!!
- Judiciary Committee Democrats Should Call the Republican “Assistant” as an Expert Witness on Sex Assault Reporting and Veracity
- Where the Investigation is Headed: Some Propositions
- A Telling Moment
- What a Real Apology Takes
- The Corporate Response to Trump
- Justice Kennedy’s Opinion On “Baking Discrimination” Is Clarion Call for Process Neutrality In The Entire Governmental Sphere
- Study Showing Greater Racial Bias By Republican Judges Has to Shatter Our Assumptions
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Category Archives: Administative Proecdure
Maybe Gorsuch Has Some Possibilities
There is certainly evidence in support of the dominant meme of Gorsuch’s extreme conservatism. However, there may be one nugget of good news in the access to justice area. In a VA disability case, in which the Court denied cert., … Continue reading
A Tool For Assessing SRL Hearing Quality from the US Dept. of Labor
As state start to think about evaluating how their judges do in cases without lawyers, this might be a useful starting point. It is US Department of Labor Handbook on measuring hearing quality in unemployment hearings (in which the vast … Continue reading
Thinking About Access to Justice and The Coming Transition
Given that Karl Rove has effectively conceded the election, its surely time to start thinking about opportunities for access to justice in the transition. Obviously, this is going to be very different from the last transition eight years ago. It … Continue reading
Posted in 100% Access Strategy and Campaign, Access to Justice Generally, Administative Proecdure, Defender Programs, Dept. of Justice, Federal Agencies, Funding, LAIR, Legal Aid, LSC, Mixed Model, Non-Lawyer Practice
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Thoughts For Federal Agencies and ATJ Commissions Building on the White House LAIR Meeting
I am not sure that the ATJ Community fully appreciates the scope of the implications of the recent Legal Aid Inter-agency Round-table inaugural meeting, about which I first blogged here. Nor, I suspect do all Federal agencies yet realize the … Continue reading
Posted in Access to Justice Boards, Administative Proecdure, Dept. of Justice, Federal Agencies, Federal Courts, Funding, LAIR, White House
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The Power of the Pen and Phone — Exploring Opportunities for Access to Justice in the Next Two Years
Recent executive actions in immigration, and now asset forfeiture underline just how great is the President’s “power of the pen and phone.” — his ability by regulation or other executive action to make very significant changes in the way government … Continue reading
Posted in Access to Justice Generally, Administative Proecdure, Budget Issues, Dept. of Justice, Document Assembly, E-filing, Funding, Law Schools, Non-Lawyer Practice, Veterans, White House
Tagged access to justice, administrative agency, Social Security
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Important Step Forward and Model Approach for ATJ Commission with Best Practices In Administrative Area Issued Jointly with the Governor
The Massachusetts ATJ Commission has scored another important first with the issuance together with the Governor of Best Practices for State Agencies to Enhance State Administrative Justice. The full text is reproduced below: Recognizing that administrative justice is a vital … Continue reading
Posted in Access to Justice Boards, Administative Proecdure
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Poor Suffer From Bad Websites — What Is To Be Done?
One good side effect of the health care web site story is that it is bringing attention to the broader and longer term problem of the costs inflicted on the less fortunate by bad government technology. The New York Times … Continue reading
Guest Blog on Australian Tribunal that Use Administrative Agency Approach In Many Traditionally Judicial Areas
After meeting Julie Grainger, a member of the Victorian (Australia) Civil and Administrative Tribunal (VCAT), I asked her to describe for this blog how the Tribunal works. Its uses more of an administrative agency type approach in many substantive areas … Continue reading
Posted in Administative Proecdure, Simplification, Systematic Change
Tagged Australia, Victoria
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Montana Supreme Court Takes Lead on SRL Discovery Issues
The pitfalls of discovery procedure are one of the barriers to access for the self-represented. So it is particularly good to see the Montana Supreme Court taking a commonsense approach to the technicalities. In Arlington v. Miller’s Trucking, the Court … Continue reading
Posted in Administative Proecdure, Judicial Ethics
Tagged Discovery
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NewsMaker Interview: Diane Braunstein Nominated for Federal Employee Award for SSA Compassionate Allowance program That Speeds Decisions For Certain “Seriously and Terminally Ill Individuals”
Our next NewsMaker Interview is with Diane Braunstein, one of the finalists for the Federal Governments 2011 Citizen Services Award, whose work in the Social Security Administration will be of particular interest to those working in access to justice. (Disclosure: … Continue reading
Posted in Administative Proecdure, Newsmaker Interview, Systematic Change, Technology
Tagged Disability, Spocial Security
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Supreme Court Decision on Failure to Meet Administrative Agency Time Limits (VA)
As many will recall, in 2007, in an opinion that may felt was harsh and unrealistic, the Supreme Court ruled that when a habeas petitioner failed to file within a statutorily required period, even though the court had granted a … Continue reading
Posted in Access to Justice Generally, Administative Proecdure, Supreme Court
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Model Revised State APA Fails to Recognize Needs of the Self-Represented — ABA Response Being Debated
Some of you may have been following the somewhat surprising story of the Model Revised State Administrative Procedure Act approved in late 2010 by the Conference of Commissioners on Uniform State Laws. That enactment, meant as a model for the … Continue reading
Posted in Access to Justice Generally, Administative Proecdure, Judicial Ethics
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Reflections on Two Comments on 100% Access to Justice Definition
The proposed definition of 100% access to justice has received near record comments — and hopefully there will be more. I want to comment on two here, although all are worth consideration and debate. Jim Greiner points out that the … Continue reading →