Civil Court-Based Reforms

Cartoon depicting the White House inside a greenhouse with the sun shining on it, next to the Supreme Court building blocking the sun with a giant umbrella

Sunlight and the Courts: Why Judicial Transparency Matters

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Two things are true: 1) The executive and legislative branches of the U.S. government have more accountability than the U.S. Supreme Court due to the election process, and 2) public confidence in the judiciary has historically been higher than the other branches. But that confidence is waning fast. A look at the obstacles to judiciary “sunlight” (transparency, in this case) includes limited access to court records, broad discretion over what records are sealed, and a low standard of transparency requirements. This week’s “Student Voice” post calls for more transparency in the name of judicial independence and accountability.

Cartoon depicting a pizza tracker's linear progress versus PACER's less user-friendly court record system

A Court Case Tracker for the People

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What happens when a system ignores the needs of one-quarter of its users? This week’s “Student Voices” post argues that PACER’s online court records meet the usability needs of lawyers and court staff, about 75% of its users, but fail to account for the remaining users, mainly pro se litigants, who interact with the system. While the federal judiciary works to modernize PACER in the next few years, user-centered design could help improve accessibility for those representing themselves.

Cartoon depicting a princess in a tower holding a strip of paper revealing data ( in 1s and 0s) with a judge at the bottom of the tower cutting off access to the data with scissors

A Princess in the Tower: The Case for Setting Court Data Free

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The U.S. judiciary suffers from a trust issue among the general public, largely due to its fragmented, unusable, costly, and difficult-to-access data. That is the argument put worth in this week’s “Student Voices” blog, which suggests that improving judicial data and accessibility to it will improve transparency, public engagement in the courts, and collaboration and innovation among organizations.

Cartoon, appearing like a Monopoly "Go to Jail" card, states, "Immigration Court: Go directly to Appeal. Do not go to hearing. Do not waste time driving."

A Study of Attorney Impact on Immigration Hearings

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Immigration court has a numbers problem. It had 3.3 million active pending cases as of March 2026. The U.S. government assures the presence of a Department of Homeland Security attorney serving as opposing counsel in every immigration proceeding. But only 37 percent of immigrants, and just 14 percent of detained immigrants, have legal representation themselves. This mismatch between supply and demand (or rather, need) makes it ripe for the randomized controlled trial we’re pursuing.

Cartoon depicting two figures in an immigration detention center -- a shark representing a lawyer piling papers in the hands of a cat, representing an immigrant

A Study of Legal Aid for Immigration Cases

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A recent study from the Vera Institute of Justice studied the effect of legal representation on detained immigrants’ likelihood of being granted a release on bond, a temporary stay relief, or a guaranteed permanent relief from deportation. The findings point to better ways, and better timing, to support individuals to strengthen due process.

Cartoon depicting a judge smashing a laptop in which a Zoom meeting took place.

Pro Se Perceptions of Fairness in Remote and In-Person Court

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Which is better—in-person or virtual court hearings? That is the basic question at the heart of the Access to Justice Lab’s Online Courts study. While the lab studied the relevant quantitative data to help courts in family law cases, our study partner Emily LaGratta sought to answer the same question through a qualitative study, seeking answers from the perspective of self-represented litigants in family law cases. Measuring litigant satisfaction with effectiveness for court procedures should, in theory, determine the “best” medium for court proceedings, right?

Cartoon depicting an auctioneer selling off family land for $100, with a family of bears looking on while sharks in suits bid on the land.

Property Rich, Justice Poor: Heirs’ Property and Involuntary Land Loss

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Heirs’ property is the group project no one signed up for. Land inherited without a will and co-owned by many families can easily slip into land unexpectedly lost when a co-tenant forces a partition. Investors then swoop in and outbid family members for the property. The pattern tends to hit hardest with “property rich and cash poor” families, and it’s contributed to a massive decline in African-American property ownership over the last century. Read about the factors leading to heirs’ property issues and the steps, so far, to reform it.

Cartoon depicting an inmate with paper court filings at the door of a Supreme Court courthouse with the doors closed and a sign on the door reading "Martinizing"

The ‘Martinizing’ Problem: Closing Courthouse Doors to Indigent Litigants

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How many filings from one individual are too many for a court to hear—73 over 18 years, or 54 over a decade? What about six over 14 years by an incarcerated individual with already compromised access to justice? This “Student Voices” post looks at the history of “Martinizing,” a practice intended to curb frivolous filings; its impact on indigent litigants and access to justice; its decrease in Supreme Court debate over the years; and the dissent of Justice Ketanji Brown-Jackson earlier this year that questioned Supreme Court priorities relevant to Martinizing. Could this growing practice of closing courthouse doors prevent a potentially significant future claim from ever being heard?

Cartoon depicting a businessman divided in half. One side is "Asset Co.", with him saying "I'm rich!", while the other half is Liability Co. claiming "Sorry, I'm bankrupt."

Two Steps Behind: Surveying the Current Regulatory Landscape for Texas Two-Step Bankruptcies

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When Johnson & Johnson faced liability lawsuits for more than 38,000 cases of ovarian cancer allegedly linked to its asbestos-contaminated baby powder products, they got creative. They filed a Texas Two-Step bankruptcy to protect their assets while managing mass tort liability. The strategy was an attempt to tip the scales of justice in their favor. It would have likewise leveled global settlements and dismissed individuals’ right to their “day in court,” if it had succeeded. This “Student Voices” post examines the Texas Two-Step bankruptcy practice and the access to justice issues it presents.

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