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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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- Where the Investigation is Headed: Some Propositions
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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
Posted in Judicial Ethics, Supreme Court
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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
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
Posted in Access to Justice Generally, Supreme Court
Tagged Judicial Supremacy, Laurence Tribe
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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
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
Posted in Access to Counsel, Supreme Court
Tagged Breyer
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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
Posted in Access to Justice Generally, Legal Aid, Supreme Court
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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
Posted in Access to Justice Generally, Judicial Ethics, Supreme Court
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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
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
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
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Updadates from the Turner Blog
Some useful ideas from the Turner v. Rogers blog.
Posted in Access to Counsel, Judicial Ethics, Supreme Court
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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
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