Reflections Of An Access To Justice Chair,
2017
University of Maine School of Law
Reflections Of An Access To Justice Chair, Kermit V. Lipez
Maine Law Review
From January 2001 to January 2008, I had the privilege of serving as the Chair of Maine’s Justice Action Group. In the legal services world, the Justice Action Group is known as an “Access to Justice” entity. Most states have such entities. Although the missions of these entities may vary somewhat from state to state, they share the same general goals—to increase the resources available to the organizations providing free or reduced fee legal services to low income, disadvantaged, and elderly citizens, and to maximize the use of these resources through coordinated efforts. In Maine, the Justice Action Group, or …
The World Is Round: Why We Must Assure Equal Access To Civil Justice,
2017
University of Maine School of Law
The World Is Round: Why We Must Assure Equal Access To Civil Justice, Jon D. Levy
Maine Law Review
In 1972, the astronauts of Apollo 17, NASA’s final manned-mission to the Moon, took a photograph of the entire hemisphere of Earth. The photograph shows the continents of Africa and Antarctica in hues of red and brown, surrounded by the vibrant blue oceans and topped by swirling white clouds. It has become an iconic image. Studying the Earth from afar, Eugene Cernan, Apollo 17’s commander, reported to the Houston command center with just a touch of irony: “We’re not the first to discover this, but we’d like to confirm, from the crew of Apollo 17, that the world is round.” …
A Foundation Upon Which Justice Is Built: The Chicago Bar Foundation's Innovations To Improve Access To Justice During Tough Economic Times,
2017
University of Maine School of Law
A Foundation Upon Which Justice Is Built: The Chicago Bar Foundation's Innovations To Improve Access To Justice During Tough Economic Times, Danielle Elyce Hirsch
Maine Law Review
“Equal justice for all” is one of the United States’ most proudly proclaimed principles, embellished on courthouse entrances and regularly cited in constitutional decisions. The Illinois Constitution also contains a strong commitment to equal and unimpeded access to our legal system for all of our citizens: “Every person shall find a certain remedy in the laws for all injuries and wrongs which he receives to his person, privacy, property or reputation. He shall obtain justice by law, freely, completely and promptly.” Notwithstanding these constitutional principles, a large number of people with urgent and important issues at stake—such as the custody …
Funding The Judicial Department At A Level The Supreme Judicial Court Deems "Essential To Its Existence And Functioning As A Court" Is Required By Doctrines Of Comity And Duties Imposed By Maine's Constitution,
2017
University of Maine School of Law
Funding The Judicial Department At A Level The Supreme Judicial Court Deems "Essential To Its Existence And Functioning As A Court" Is Required By Doctrines Of Comity And Duties Imposed By Maine's Constitution, Orlando E. Delogu
Maine Law Review
This Article develops ideas and arguments relative to judicial funding initially advanced by this Author in two op-ed pieces previously published in the Maine Lawyers Review. Beyond elaborating and more carefully documenting (with footnote references) points previously made, this Article undertakes to lay out the judicial department’s unique status as one of three co-equal and coordinate branches of Maine’s governmental structure. It is this status that separates the judicial department from all of the other agencies of state government. The Article further argues that this status gives rise to a duty on the part of the legislative and executive departments …
Introduction: Accessing Justice-Its Past, Present, And Future,
2017
University of Maine School of Law
Introduction: Accessing Justice-Its Past, Present, And Future, Frank M. Coffin
Maine Law Review
No abstract provided.
The Judge And His Clerks,
2017
University of Maine School of Law
The Judge And His Clerks, Barbara F. Riegelhaupt, Kaighn Smith Jr., J. Peter Byrne
Maine Law Review
In his memoir, Life and Times in the Three Branches, Judge Coffin recounts the history of the institution of the law clerk and observes, “I was the first such creature Maine had seen.” He served as a clerk from April 1947 to June 1949 for United States District Court Judge John D. Clifford, working in the same chambers that he would later inhabit as a judge. Over the course of his more than four decades on the Court of Appeals, Judge Coffin would have sixty-eight clerks of his own. Those of us lucky enough to be in that family of …
The Speeches Of Frank M. Coffin: A Sideline To Judging,
2017
University of Maine School of Law
The Speeches Of Frank M. Coffin: A Sideline To Judging, Daniel E. Wathen, Barbara Riegelhaupt
Maine Law Review
The Authors of this Article are engaged in a separate project to publish the full collection of law-related speeches delivered by Judge Coffin during his tenure on the bench. That collection in its entirety consists of more than 125 speeches, and it is a treasure trove of thoughts on the judiciary as an institution, the law, judging, the legal profession, legal education, and legal luminaries past and present. The speeches are also worthy of study purely as examples of communication, advocacy, speechcraft, composition, humor, and whimsy. Within the confines of this Article, the modest goal is to provide samples of …
In His Own Words: Judge Coffin And Workability,
2017
University of Maine School of Law
In His Own Words: Judge Coffin And Workability, William C. Kelly Jr.
Maine Law Review
Early in his judicial career, Judge Coffin proffered the concept of “workability” as one of the core factors in judging. Justice and Workability: Un Essai, his first published reflection on this idea, appeared in the Suffolk University Law Review in 1971. To frame the discussion, he started with a formal definition: “[T]he extent to which a rule protecting a right, enforcing a duty, or setting a standard of conduct—which is consistent with and in the interests of social justice—can be pronounced with reasonable expectation of effective observance without impairing the essential functioning of those to whom the rule applies.” This …
The Ways Of A Judge And On Appeal,
2017
University of Maine School of Law
The Ways Of A Judge And On Appeal, Kermit V. Lipez
Maine Law Review
What do you do when your judicial hero, the author of two important books on appellate judging, was for many years your neighbor, friend, colleague, and mentor? You revel in your good fortune, and you share your admiration for his books. Judge Coffin’s long involvement in the political world contributed significantly to a primary focus of his two books on appellate judging, The Ways of a Judge, published in 1980, and On Appeal, published in 1994. As a political organizer, a candidate for public office, a Congressman, and an administrator in a federal agency, Judge Coffin understood his accountability to …
Coffin's Court: A Colleague's View,
2017
University of Maine School of Law
Coffin's Court: A Colleague's View, Levin Campbell
Maine Law Review
These reminiscences focus on the eleven years, from 1972 to 1983, that Frank M. Coffin of Maine was the Chief Judge of the United States Court of Appeals for the First Circuit. While Coffin’s judicial career extended over more than forty years, I chose this period because it was a time when his influence over the court’s work was at its peak, as well as because he himself later singled it out as a “judicial Garden of Eden,” during which the First Circuit enjoyed its status as the last remaining three-judge federal court of appeals in the nation.
Frank Morey Coffin's Political Years: Prelude To A Judgeship,
2017
University of Maine School of Law
Frank Morey Coffin's Political Years: Prelude To A Judgeship, Donald E. Nicoll
Maine Law Review
Each day when I go to my study, I see a wood block print of two owls gazing at me with unblinking eyes. Ever alert, they remind me of the artist, who in his neat, fine hand, titled the print “Deux Hiboux,” inscribed it to the recipients and signed it simply “FMC 8-2-87.” In addition to his talents as an artist and friend in all seasons, FMC was a remarkable public servant in all three branches of the federal government and, with his friend and colleague Edmund S. Muskie, a creative political reformer for the State of Maine. Throughout his …
Frank Coffin And Enlightened Governance,
2017
University of Maine School of Law
Frank Coffin And Enlightened Governance, Robert A. Katzmann
Maine Law Review
I have often thought that Judge Frank M. Coffin is one of a handful of statesmen of recent times I could easily imagine in Philadelphia in the summer of 1787 (indeed, as a central figure in a David McCollough biography). If he had been, as competing factions struggled to find solutions to thorny issues, Madison’s Notes would inevitably and often have recorded: “With negotiations on the verge of collapse, all eyes turned to Frank Coffin, who found not only the key to compromise, but also the better way.”
The Legacy Of Judge Frank M. Coffin,
2017
University of Maine School of Law
The Legacy Of Judge Frank M. Coffin, Peter R. Pitegoff
Maine Law Review
Judge Coffin had adopted the University of Maine School of Law as if it were his own. He was a committed friend to the Law School and served on the advisory Board of Visitors for almost two decades. Like so many others, I felt his keen personal commitment as well, with his periodic calls and visits, his steady counsel and encouragement. Before arriving in Maine, I had known of Judge Coffin. Little did I anticipate that he would so enrich my experience as Dean at Maine Law. He remains a role model to so many of our graduates and leaves …
Leveraging Academic Law Libraries To Expand Access To Justice,
2017
Florida A&M University College of Law
Leveraging Academic Law Libraries To Expand Access To Justice, Paul Jerome Mclaughlin Jr.
Library Faculty Publications
Academic law libraries are in a unique position to help citizens gain access to the court system and legal information. By creating clinics that focus on helping pro se patrons find and complete legal forms, academic law libraries would not only benefit their schools but also the justice system.
The Rank-Order Method For Appellate Subset Selection,
2017
Anderson & Ochs, LLP
The Rank-Order Method For Appellate Subset Selection, Michael J. Hasday
Notre Dame Law Review Reflection
This Essay proceeds as follows: Part I discusses the “fatal flaws” of random assignment and direct selection: outlier panels and judicial gaming, respectively. Part II introduces the rank-order method and explains how this method is superior to either random assignment or direct selection. Part III provides detailed examples of how the rank-order method works in practice. Part IV concludes.
Trial By Numbers,
2017
University of Exeter
Trial By Numbers, Rebecca K. Helm, Valerie P. Hans, Valerie F. Reyna
Cornell Journal of Law and Public Policy
Legal cases often require jurors to use numerical information. They may need to evaluate the meaning of specific numbers, such as the probability of match between a suspect and a DNA sample, or they may need to arrive at a sound numerical judgment, such as a money damage award. Thus, it is important to know how jurors understand numerical information, and what steps can be taken to increase juror comprehension and appropriate application of numerical evidence. In this Article, we examine two types of juror decisions involving numbers--decisions in which jurors must convert numbers into meaning (such as by understanding …
Adjudication In The Age Of Disagreement,
2017
Yale Law School
Adjudication In The Age Of Disagreement, John Fabian Witt
Fordham Law Review
In the time I have here with you today I would like to offer the beginnings of an answer. It does not lie in the distance between the court’s traditions and Manton’s conduct. That would be too easy. At base, I think the answer lies in something far more subtle and interesting: the relationship between acentral tradition of the Second Circuit and one of the great questions we face as a society today. That question is how to deal with disagreement.
Electronic Social Media: Friend Or Foe For Judges,
2017
El Paso County Court at Law No. 6
Electronic Social Media: Friend Or Foe For Judges, M. Sue Kurita
St. Mary's Journal on Legal Malpractice & Ethics
The use of electronic social communication has grown at a phenomenal rate. Facebook, the most popular social networking website, has over 1,968,000,000 users—a number that has exponentially grown since its inception in 2004. The number of judges accessing and using electronic social media (ESM) has also increased. However, unlike the general population, judges must consider constitutional, ethical, technical, and evidentiary implications when they use and access ESM. The First Amendment forbids “abridging the freedom of speech” and protects the expression of personal ideas, positions, and views. However, the American Bar Association’s Model Code of Judicial Conduct and the Texas Code …
“What Are My Chances On Appeal?” Comparing Full Appellate Decisions To Per Curiam Affirmances,
2017
University of Arkansas Little Rock
“What Are My Chances On Appeal?” Comparing Full Appellate Decisions To Per Curiam Affirmances, Steven N. Gosney
The Journal of Appellate Practice and Process
No abstract provided.
The Culture Of Misdemeanor Courts,
2017
Benjamin N. Cardozo School of Law
The Culture Of Misdemeanor Courts, Jessica A. Roth
Articles
The misdemeanor courts that preside over the majority of criminal cases in the United States represent the “front porch” of our criminal justice system. These courts vary in myriad ways, including size, structure, and method of judicial appointment. Each also has its own culture – i.e., a settled way of doing things that reflects deeper assumptions about the court’s mission and its role in the community – which can assist or impede desired policy reforms. This Article, written for a Symposium issue of the Hofstra Law Review, draws upon the insights of organizational culture theory to explore how leaders can …
