Wednesday, July 15, 2009

Institute for the Advancement of the American Legal System: Improving the American Civil Justice System

One of the very tangible benefits of attending the University of Denver Sturm College of Law is the opportunity it provides to benefit and learn from the many varied centers of excellence on campus. One of these centers is The Institute for the Advancement of the American Legal System (IAALS).

A national, non-partisan organization dedicated to improving the process and culture of the civil justice system, the IAALS provides principled leadership, conducts comprehensive and objective research and develops innovative and practical solutions—all focused on serving the individuals and organizations who rely on the system to clarify rights and resolve disputes.

In the words of the IAALS, "The civil justice system in the United States often does not meet the legitimate needs of the American people. The system has become captive to expense, delay and gamesmanship, resulting in growing public dissatisfaction and distrust. Our system must refocus on the needs of those it serves."

The IAALS is directed by former Colorado Supreme Court Justice Rebecca Love Kourlis, who authored more than 200 opinions and dissents during her tenure. Justice Kourlis also spearheaded significant reforms in the court system relating to juries, family law and attorney regulation.

Several days ago I met with Justice Kourlis and asked her to address our incoming class of graduate students (as well as those who began their studies in January). She graciously agreed to meet with us and share her observations about the work of the IAALS as well as comment about her service on Colorado's highest court. The date for our meeting with Justice Kourlis has not been set, but it is likely to be sometime in the September-November timeframe.

Our meeting with Justice Kourlis will expand students' understanding of the American legal system, how it works, and the challenges and opportunities that confront it. The meeting will provide an excellent chance for students to learn from a former jurist who is at the forefront of considering what America's 21st century judicial system will look like.

Before we meet with Justice Kourlis later this year, however, here is a peak at the kinds of specific projects the institute undertakes:
IAALS is currently involved in its most ambitious project to date, the 21st Century Rules Initiative, which seeks to modernize the Federal Rules of Civil Procedure to meet the needs of today’s court users. As part of this initiative, IAALS partnered with the American College of Trial Lawyers (ACTL) Task Force on Discovery to quantify the issues of cost and delay that plague our civil justice system. The two groups conducted a survey of 3,800 members or “Fellows” of the College, which revealed significant cracks in the foundation of our system of justice.

Based on the survey findings, the ACTL Task Force on Discovery and IAALS released the Final Report, which includes a set of 29 proposed Principles focused on four cores areas: pleadings, discovery, experts and judicial management. The two organizations are now drafting a set of Model Rules that will implement the Principles outlined in the Report and that may one day underpin reform of civil rules in both state and federal systems. IAALS will then work with interested jurisdictions to pilot the Rules and measure their effects. Copies of the final report may be downloaded by clicking here.
The work that Justice Kourlis, assistant director Pamela A. Gagel, and their staff undertake is exceptional in tackling key issues related to enhancing the American legal system.  It will indeed be a pleasure to introduce Justice Kourlis to our students.

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