Judicial Specialization and the Adjudication of Immigration Cases

When scholars and policymakers consider proposals for specialized courts, they are usually and appropriately mindful of the potential effects of specialization on the adjudication of cases. Focusing on the immigration field, this Article considers these potential effects in relation to other attributes of adjudication: the difficulty of cases, the severe caseload pressures, and the strong hierarchical controls that are each important attributes at some or all levels of the adjudication system. Specifically, this Article discusses the effects of those attributes, the effects of judicial specialization, and the intertwining of the two. It applies that analysis to proposals to substitute some type of specialized court for the federal courts of appeals in the adjudication of immigration cases. The Article concludes that the impact of adopting such a proposal could be substantial but that it is also quite uncertain. To a considerable degree, the impact depends on the form of specialization adopted and on other provisions of the legislation that creates a specialized court

Rules, Standards, and the Internal Point of View

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Considering Innovative Alternatives to Handling Cases of Adults with Special Conditions Under the Social Security Act

Title II and Title XVI of the Social Security Act provide critical support to individuals with disabilities. However, until recently, the way that the Social Security Administration processed medical information to make disability determinations had not changed in any fundamental way since the inception of the Act. The disability determination process is logical for many frequently handled, well-known conditions, yet there are a significant number of cases regarding special conditions that are not as well-known or as frequently considered by the Office of Disability Adjudication and Review, which administers hearings and appeals for the Social Security Administration. The Social Security Administration is currently updating its business model to ensure that people with special conditions receive effective treatment during the disability hearing process. As a step toward reaching this goal, the Social Security Administration recently enacted Compassionate Allowances, a list of conclusively presumptive disabilities. *434 This paper advocates several additional alternatives to further improve the process for cases with special conditions. Using HIV infection as an example of a special condition, this paper recommends (1) using electronic screening tools to efficiently identify cases for adjudication at the earliest opportunity; (2) using specialized medical source statements in combination with Social Security Administration forms to improve the probability of accurately assessing individuals with special conditions; and (3) reviewing cases with special conditions regionally or nationally in order to focus resources to enhance the assessment of such cases. These improvements will help adjudicators in the Office of Disability Adjudication and Review to efficiently handle the backlog of cases dealing with varied and complex conditions and to more effectively serve individuals who have filed for disability

Nonlawyer Legal Assistance and Access to Justice

article published in law reviewNonlawyer legal assistance is a necessary ingredient of any plan for meaningful access to the courts. The American Bar Association Commission on Nonlawyer Practice found in 1995 "that as many as 70% to 80% or more of low-income persons are unable to obtain legal assistance even when they need and want it." While low income households have the greatest problems of access, many moderate-income households, as well, do not have access to the justice system. The ABA Model Rules of Professional Conduct contain an overly broad ban on assisting the unauthorized practice of law that discourages judges and lawyers from working with nonlawyers to make courts accessible to the public. Nevertheless, courts, lawyers, and individuals committed to meaningful access to justice are finding new roles for nonlawyers in the legal system