Category Archives: Supreme Court

Some Procedural Fairness Lessons for Assessing the Supreme Courts Oral Arguments in the Affordable Care Act Cases

Justice Steven Leben (Kansas Court of Appeals) and Judge Kevin Burke (Minnesota trial Court) have a fascinating article in the MinnPost about how the lessons of procedural fairness can help guide how the Supreme Court judges conduct oral arguments on … Continue reading

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Arguument Feb 21 in Supreme Court Case on Scope of “Interpreter” Costs

This could make a difference in the language access debate. On February 21, the Supreme Court will hear oral argument in the case of Taniguchi v. Kan Pacific Saipan, Ltd. This case, appealed from CNMI (Commonwealth of the Northern Mauritania … Continue reading

Posted in LEP, Supreme Court | Tagged | 2 Comments

Larry Tribe Nails it on Layers and Judicial Supremacy

Larry Tribe lays it out simply, as reported in the New York Times.. “I think part of the advantage I have is I’m not a lawyer,” Mr. Gingrich said Sunday on “Face the Nation” on CBS. “And so as a … Continue reading

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One Year of Blogging — Some Reflections on the Year in Access to Justice

Today is the first anniversary of this blog.  306 posts, over 16,000 web views (and maybe the same number of subscriber push views), and counting.  Please celebrate with me by passing the word, and by encouraging folks to use the … Continue reading

Posted in Access to Counsel, Budget Issues, Dept. of Justice, Funding, Legal Aid, LEP, LSC, Metrics, Research and Evalation, Supreme Court, Systematic Change, Technology, This Blog, Triage | 1 Comment

Justice Breyer Urges Debate on Need for Triage and Generally Urges Experimentation

Today was the NLADA Centennial Conference Awards Luncheon. Supreme Court Justice Breyer, Attorney General Holder and Congressman John Lewis spoke.  An impressive list and a powerful moment. Innovation advocates will be encouraged to learn that in the course of a … Continue reading

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Maximizing the Impact of Turner v. Rogers — Judges’ Journal Article on Courtroom Best Practices

My article A NEW DAY FOR JUDGES AND THE SELF-REPRESENTED The Implications of Turner v. Rogers, has just been published in the Judges’ Journal. I very much hope that it will be helpful in freeing judges to take engaged and neutral … Continue reading

Posted in Judicial Ethics, Self-Help Services, Supreme Court | 1 Comment

Management Information Exchange Journal Publishes My Article on Implications for Legal Aid of the Emerging Access to Jusice Consensus

I am happy to announce that Management Information Exchange Journal has now published an article by me aimed particularly at a legal aid audience on the implications for Legal Aid of the emerging consensus on access to justice.  It is … Continue reading

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Academic Paper on Turner v Rogers Issues Challenge to Advocates

This paper may be the first academic treatment of Tuner.  It is part of the University of Pennsylvania Law School Public Law and Legal Theory Research Paper Series, and of the University of Tennesse, Knoxville, College of Law Legal Studies … Continue reading

Posted in Access to Counsel, Supreme Court, Triage | 2 Comments

New Meaning for Judicial Engagement

Linda Greenhouse on the NYT Opinionator blog catches a new use of the phrase “judicial engagement.”  While some of us involved with access to justice have used it, or rather something like it, to describe the process by which a … Continue reading

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Important Law School Symposium in Denver Nov 4-5 on Right of Access to Justice

This could be an important intellectual moment.  On Friday Nov 4 and Saturday Nov 5, the University of Colorado Law School is hosting a Symposium on TOWARD THE CONSTITUTIONAL RIGHT OF ACCESS TO JUSTICE: IMPLICATIONS AND IMPLEMENTATION.  Remember this is … Continue reading

Posted in Access to Justice Generally, Meetings, Supreme Court | 3 Comments

An Overview of Systemic Barriers to Access to Justice

Maybe its time to take a 22,000 mile overview of the access to justice problem.  One way to do so it look at at the interacting parts of the system and how together they produce an inaccessible system. 1.     A … Continue reading

Posted in Access to Counsel, Access to Justice Generally, Supreme Court, Systematic Change | 4 Comments

Turner and the Self-Represented — A Summary of Its Very Broad Implications and The Begining of a New Jurisprudence

Below find the full text of my post on ConcurringOpinions titlted Turner’s Trombone Blows for Every Self-Represented Litigant.  It is, of course, part of the Synposium on the case that David Udell and I are co-hosting. Turner v. Rogers, 564 … Continue reading

Posted in Access to Counsel, Document Assembly, Forms, Judicial Ethics, Supreme Court | 23 Comments

Turner Symposium — Link to Review and Refocusing Questions

Here is the first couple of paras of the review and refocusing post on the Turner Symposium on the ConcurringOpinions blog: As of day three, post Turner, some trends have begun to emerge in the commentary, on this blog at … Continue reading

Posted in Access to Justice Generally, Forms, Judicial Ethics, Self-Help Services, Supreme Court | Comments Off on Turner Symposium — Link to Review and Refocusing Questions

Updadates from the Turner Blog

Some useful ideas from the Turner v. Rogers blog.

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Turner v. Rogers is Released — Due Process Requires Reversal Despite Lack of Categorical Right to Counsel — Symposium Launched on ComcurringOpinions

The Supreme Court has decided Turner v. Rogers. Opinion by Justice Breyer (5-4), with Justice Kennedy joining the majority. http://www.supremecourt.gov/opinions/10pdf/10-10.pdf. AP Story, via NYT David Udell and I have launched our Symposium on ConcurrngOpinions. The post below is a copy … Continue reading

Posted in Access to Counsel, Dept. of Justice, Document Assembly, Forms, Judicial Ethics, Legal Aid, Self-Help Services, Supreme Court, Triage | Comments Off on Turner v. Rogers is Released — Due Process Requires Reversal Despite Lack of Categorical Right to Counsel — Symposium Launched on ComcurringOpinions