Court Administration

Lawyers, the Legal Profession & Access to Justice in the United States: A Brief History

by Robert W. Gordon

Fall 2019 | Volume 103 Number 3

In no profession is the gulf greater between ideals and practices than it is for lawyers. Ideally, justice is a universal good: the law protects equally the rights of the Continue Reading »

Reclaiming the Role of Lawyers as Community Connectors

by David F. Levi, Dana Remus and Abigail Frisch

Fall 2019 | Volume 103 Number 3

For many years, there has been a serious debate about the legal profession’s exclusive role in the market for legal representation. The debate has focused on how that role factors Continue Reading »

The Process Due: The American Academy of Arts and Sciences offers a multidisciplinary examination of the devastating and persistent crisis in legal services

by John Tessitore

Fall 2019 | Volume 103 Number 3

Earlier this year, the American Academy of Arts and Sciences dedicated an issue of Dædelus, its quarterly scholarly journal, entirely to the topic of “Access to Justice.” Fittingly, it was Continue Reading »

Cover Art Fall 2019 Judicature

Fixing Fees, Fines & Bail: Toward a Fairer System of Justice

by David F. Levi, Scott Bales, Douglas Beach, Mark Martin, Judith Nakamura, Stuart Rabner, Martin Hoshino and Mary McQueen

Fall 2019 | Volume 103 Number 3

State Chief Justices and Court Administrators Discuss What’s Working — And What’s Not — As Courts Strive to Reform Fees, Fines, and Bail Practices Long ignored and highly localized, abusive Continue Reading »

The Disappearing Probate Court

by William Raftery

Summer 2019 | Volume 103 Number 2

In 1967, Maine voters amended the state constitution to authorize the elimination of the state’s county-controlled, county-operated, county-funded Probate Courts.[1] In 2019, the Maine legislature debated a “concept draft” enabling Continue Reading »

Hornby Spring 2019

Can Federal Sentencing Remain Transparent?

by D. Brock Hornby

Spring 2019 | Volume 103 Number 1

Criminal trials have virtually disappeared in many federal courtrooms.[1] According to a recent U.S. Sentencing Commission report, “[i]n recent years, 97 percent of federal defendants convicted of a felony or Continue Reading »

Conversations of a Lifetime: The Power of the Sentencing Colloquy and How to Make It Matter

by Robin L. Rosenberg

Summer 2019 | Volume 103 Number 2

In recent years, there has been increased attention on sentencing, and particularly sentencing disparities. The thrust and focus of this attention have been on the statistics of sentencing and reforms, Continue Reading »

51 Imperfect Solutions

Taking “Beyond a Reasonable Doubt” Seriously

by Jon O. Newman

Summer 2019 | Volume 103 Number 2

Editor’s note: This article was written by Judge Jon O. Newman during his tenure as the Bolch Judicial Institute’s inaugural Distinguished Judge in Residence. The Institute’s Distinguished Judge in Residence Continue Reading »

melted ice cream

Clerking to Excess? The Case Against Second (and Third and Fourth) Clerkships

by Gregg Costa

Fall/Winter 2018 | Volume 102 Number 3

There can be too much of a good thing. We know that’s true for food and drink, but we haven’t yet realized it’s also true for judicial clerkships. There has Continue Reading »

eyeglasses

Ghosting: The Courts’ Views on Ghostwriting Ethics Are Wildly Divergent. It’s Time to Find Uniformity and Enhance Access to Justice

by Jona Goldschmidt

Fall/Winter 2018 | Volume 102 Number 3

Since the mid-1990s, advocates for increased access to justice have touted unbundled (or limited-scope, or discrete-task) legal services as a means of distributing legal services to those unable to afford Continue Reading »