Category Archives: Federal Courts

The Corporate Response to Trump

I have been suggesting that the “public trust and confidence” analogy between public commitment to court processes and fairness and public politics process and fairness might be useful.  The idea is that we need to find the way to talk … Continue reading

Posted in Access to Justice Generally, Anti-Trust, Federal Agencies, Federal Courts, International Cooperation, Judicial Supremacy, Political Support, Supreme Court, White House

Justice Kennedy’s Opinion On “Baking Discrimination” Is Clarion Call for Process Neutrality In The Entire Governmental Sphere

In a brilliant piece in Politico today, Professor Richard Primus argues that the Baking for Gay Marriage Opinion, by rejecting broad First Amendment protections for discrimination, sets up the travel ban case for a similarly positive outcome, not only because … Continue reading

Posted in Access to Justice Generally, Discrimination, Federal Courts, Freedom of Expression, Immigration, Political Support, Supreme Court

Study Showing Greater Racial Bias By Republican Judges Has to Shatter Our Assumptions

I was getting ready to draft a rebuttal to an article from the New York Times, Would you go to a Republican Doctor, reporting a study that “knowing about people’s political beliefs did interfere with the ability to assess those … Continue reading

Posted in Access to Justice Generally, Bias, Chasm with Communities, Discrimination, Federal Courts | 1 Comment

Roberts Choice of Garland to Head Executive Committee of Federal Judicial Conference is a Huge ATJ Opportunity

In what many would consider a “class act,” Chief Justice Roberts recently appointed Chief Judge of the DC Circuit Judge Garland to chair the Executive Committee of the Federal Judicial Conference. As the release explains: The 26-member Judicial Conference is the … Continue reading

Posted in Access to Justice Generally, Federal Courts, LSC

That Defendant Gates Is Looking for a Lawyer Can Only Mean that a New Conflict With Manafort has Now Become Clear

This is really weird.  A defendant in a very high profile case, Gates, goes into court today essentially without a lawyer and has a public defender stand up for him on a very short term basis.  Its not a cost … Continue reading

Posted in Attorney-Client, Criminal Law, Defender Programs, Dept. of Justice, Federal Courts, Legal Aid, Legal Ethics

Seventh Circuit’s Response to Judge Posner Misses the Point

The Seven Circuit, through Judge Wood, has responded to Judge Posner’s criticism of the Court’s approach to those without lawyers as follows: First, while [Judge Posner] is certainly entitled to his own views about such matters as our Staff Attorney’s … Continue reading

Posted in Access to Justice Generally, Appellate Practice, Defender Programs, Federal Courts, Judicial Ethics, Non-Lawyer Practice | 1 Comment

More on Judge Posner’s Apostasy

This from Adam Liptak in the Times on Judge Posner’s resignation speaks for itself (read the whole piece, please). “About six months ago,” Judge Posner said, “I awoke from a slumber of 35 years.” He had suddenly realized, he said, … Continue reading

Posted in Access to Counsel, Access to Justice Generally, Appellate Practice, Books, Federal Courts, Pro Bono | 1 Comment

A Revolution on the Federal Judiciary About Treatment of Those Without Lawyers?

An ABA Journal article, could open a whole front in access to justice: [Judge Posner] abruptly announced his retirement from the Chicago-based 7th U.S. Circuit Court of Appeals, effective the next day. The reason is due to “difficulty” with his … Continue reading

Posted in Access to Justice Generally, Federal Courts, Self-Help Services, Systematic Change | 2 Comments

A Small Caution for Trump on the Pardon Power With Respect to Federal Contempts

It does appear to be good law that even Federal Court criminal contempts are pardonable by presidents.  (I had  thought there might be a separation of power claim.) However, the Supreme Curt has hinted, back in 1925, that a pattern … Continue reading

Posted in Access to Justice Generally, Constitution, Contempt, Criminal Law, Federal Courts, White House

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

Posted in 100% Access Strategy and Campaign, Access to Justice Generally, Administative Proecdure, Court Management, Federal Agencies, Federal Courts, Rules Reform, Simplification, Supreme Court, Systematic Change, Veterans | 2 Comments

NYT Article on “Why Isn’t There a Landlord Blacklist?” Raises a More General Question

That question is asked in a September piece by Ronda Kaysen in the Times Real Estate Section. The author points out the data about tenant available to landlords, including from databases of eviction cases culled from court records. Renting an … Continue reading

Posted in Access to Justice Generally, Consumer Rights, Evictions, Federal Agencies, Federal Courts, Housing, Media | 1 Comment

True Neutrality in a Time of Existential Crisis

What is rapidly becoming not a national existential crisis, but a world existential crisis forces us to examine not the limits of neutrality, but the obligations of neutrality. The United States is enriched by enormous numbers of organizations that are … Continue reading

Posted in Access to Justice Generally, Constitution, Federal Courts, Judicial Ethics | 2 Comments

Watching for Signs of Dictatorship and the Legal System

When I started my politics and humor blog, I had intended to maintain a pretty rigid line between the materials on that blog and this one. It is a measure of how much things have deteriorated in the last month … Continue reading

Posted in Access to Justice Generally, Bar Associations, Constitution, Federal Courts, White House

Additional Evidence That Constitutional Institutions Are Moving to Protect the Constittional Balance

I recently blogged about how US institutions are moving to protect the Constitution in the event of a Trump Presidency. Now comes evidence that the Federal Courts, at least, are moving to make it less likely that one who has … Continue reading

Posted in Access to Justice Generally, Constitution, Federal Courts

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