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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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- Justice Kennedy’s Opinion On “Baking Discrimination” Is Clarion Call for Process Neutrality In The Entire Governmental Sphere
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Category Archives: Simplification
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
Illinois Strategic Plan Combines Principles, Initiatives, and Success Measures
The superb new strategic plan from the Illinois Access to Justice Commission is a model in may ways. I want, however, to emphasize one, its structure. This approach gives them, and us, a strong and effective document that will serve … Continue reading
Posted in 100% Access Strategy and Campaign, Access to Justice Boards, Access to Justice Generally, Communications Strategy, Court Management, Outcome Measures, Plain Language, Planning, Research and Evalation, Rules Reform, Self-Help Services, Simplification
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Opportunity To Suggest Improvements to Washington State Access to Justice Principles
I was the consultant to the Washington State Access to Justice Principles back in the early days of this century. Now a process is underway to update and improve those principles, which were issued by the State Supreme Court in … Continue reading
Posted in Access to Justice Boards, Remote Services, Research and Evalation, Science, Security, Self-Help Services, Simplification, Systematic Change, Technology, Triage, Usabilty
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National Academy Report On Need for Strategy to Understand Impact of Technology on Economy and Employment Suggests Need to Go Further
As reported in the New York Times, and elaborated in Nature, a panel of the National Academies has called for a national approach to data to understand and manage the impact of technology on the economy and jobs. As Nature … Continue reading
Posted in 100% Access Strategy and Campaign, Court Management, Document Assembly, Non-Lawyer Practice, Research and Evalation, Science, Simplification, Systematic Change, Technology, Triage
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Algorithms and Checklists May Help Deal With Implicit Bias
While I am an advocate of algorithm driven processes in law, I still have a slightly queasy feeling about the whole idea. It comes from the fear that outcomes are not going to be “far,” but are going to be … Continue reading
Posted in Court Management, Criminal Law, De-Regulation, Domestic Violence, Evictions, Legal Aid, Medical System Comparision, Non-Lawyer Practice, Outcome Measures, Science, Simplification, Systematic Change, Tools, Triage
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Dean Minnow’s Retirement From Harvard Law Deanship Reminds Us of Law Schools Importance to and Potential For Access to Justice
In a time of many transitions, we must note the news, sad for access to justice, that Dean Martha Minnow will be retiring, after eight years of very significant achievement, from the deanship of Harvard Law School. I suspect that … Continue reading
Posted in Access to Counsel, Access to Justice Generally, Incubators, International Cooperation, International Models, Non-Lawyer Practice, Outcome Measures, Personal, Simplification, Systematic Change, Transitions
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Triage Should Guide Court Simplification and Non-Lawyer Role Expansion, Not the Other Way Round
I think I may have been guilty of thinking about the relationship of triage, court simplification and expansion of non-lawyer roles the wrong way round. I have basically been saying something like this: For each case, we should do triage, … Continue reading
Table Comparing Three New Different ATJ Sets of Recommendations Should Help Move Collaboration Forward
It is quite amazing that within a few weeks we have had three major sets of specific recommendations for national access to justice strategies come out. They are, in order of appearance, the Guidance for NCSC Grants for Strategic Planning … Continue reading
Posted in 100% Access Strategy and Campaign, ABA, Access to Justice Generally, Court Management, Rules Reform, Simplification, Systematic Change, Technology, Triage
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Lisa Foster’s ATJ Commissions Meeting Speech Focuses on Big Changes
Lisa Foster’s speech at the ATJ’s Commission focus not on the usual self-congratulation, but on the encourages big changes in focus and vision. While I did not travel to Chicago for the Conference this year, just the text alone conveys … Continue reading
Posted in 100% Access Strategy and Campaign, Access to Justice Generally, Budget Issues, Chasm with Communities, Dept. of Justice, LAIR, Legal Aid, Litigant Voice, Media, Mediation, Medical System Comparision, Poverty, Reentry, Self-Help Services, Simplification, SRLN, Systematic Change, Technology, video, White House
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A New Way of Thinking About Triage, 100% Access, and the Analysis Process
Traditionally, those who have pushed triage as a key component of 100% access have not always been fully clear about how the triage analysis actually fits in practice into the service modalities analysis. Here is one way of thinking that … Continue reading
UK Court Divorce Software Made Obvious Math Errors, Not Noticed For Almost 20 Months, Till Nonlawyer Caught it
The Guardian has a story that should cause terror to those who design legal software without properly testing it, as well as those who say we have to limit practice to fully trained lawyers. As the Guardian reports, the online … Continue reading
Posted in Family Law, Forms, Non-Lawyer Practice, Simplification, Technology
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