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 | Leave a comment

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 | Leave a comment

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