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A New Public Interest Appellate Model: Public Counsel’S Court-Based Self-Help Clinic And Pro Bono “Triage” For Indigent Pro Se Civil Litigants On Appeal, Meehan Rasch
Meehan Rasch
A variety of new “pro se” or “pro bono” appellate programs have been sprouting up around the country in recent years. Courts, bar associations, and legal services and advocacy organizations are implementing these projects to grapple with the challenges raised by increasing numbers of pro se (self-represented) and indigent civil litigants in appellate courts. Judicial operational systems designed on the premise of adequately counseled parties are ill-prepared to handle an influx of self-represented litigants, posing frustrations for both pro se litigants and court personnel. The expansion of pro se litigation strains appellate court resources and staff, but because of the …
Rethinking Rule 59'S Appellate 'Waiver' For Magistrate Judge Adjudication Post-Olano, Meehan Rasch
Rethinking Rule 59'S Appellate 'Waiver' For Magistrate Judge Adjudication Post-Olano, Meehan Rasch
Meehan Rasch
In 1985, the U.S. Supreme Court held in Thomas v. Arn that a federal court of appeals may establish a rule that failure to file objections to a magistrate judge’s report and recommendations "waives" both the right to further review by the district court and the right to appeal the judgment to the court of appeals. The Arn majority determined that such a rule did not remove the essential attributes of the judicial power from the Article III court or elevate non-life-tenured magistrate judges to the functional equivalents of Article III judges. Rather, loss of the right to any Article …