The Pound Civil Justice Institute

THE POUND CIVIL JUSTICE INSTITUTE WAS ESTABLISHED IN 1956 BY A GROUP OF AMERICAN TRIAL LAWYERS TO HONOR AND BUILD UPON THE WORK OF ROSCOE POUND (1870-1964). POUND SERVED AS DEAN OF THE HARVARD LAW SCHOOL FROM 1916 TO 1936, AND IS ACKNOWLEDGED AS THE FOUNDER OF THE DISCIPLINE OF SOCIOLOGICAL JURISPRUDENCE. THROUGH ITS PROGRAMS, THE INSTITUTE WORKS TO GIVE LAWYERS, JUDGES, EDUCATORS, AND THE PUBLIC A BALANCED VIEW OF THE U.S. CIVIL JUSTICE SYSTEM.

JUDGES FORUM: POUND'S ANNUAL FORUM FOR STATE APPELLATE COURT JUDGES IS THE CONSUMER BAR'S MOST SIGNIFICANT OUTREACH TO THE JUDICIARY, INVOLVING FULL DAY EDUCATIONAL PROGRAMS OPEN ONLY TO JUDGES. THE FORUMS PROVIDE DIRECT, SUBSTANTIVE EXPERIENCES, WITH ORIGINAL RESEARCH WRITTEN BY PROMINENT ACADEMICS, COMMENTARY BY EXPERTS FROM BOTH SIDES OF THE BAR, AND SMALL GROUP DISCUSSIONS. THE FORUM IS AN OPPORTUNITY FOR JUDGES, LEGAL SCHOLARS, AND PRACTICING ATTORNEYS TO COME TOGETHER FOR AN OPEN DIALOGUE ABOUT MAJOR ISSUES AFFECTING CIVIL JUSTICE IN AMERICA. 2021 JUDGES FORUM: JURIES, VOIR DIRE, BATSON, AND BEYOND: ACHIEVING FAIRNESS IN CIVIL JURY TRIALS. HELD VIA LIVE WEBCAST ON JULY 17, 2021. 113 JUDGES, ACADEMICS, AND ATTORNEYS FROM 33 STATES AND THE DISTRICT OF COLUMBIA PARTICIPATED.

THE INSTITUTE HELD ITS ANNUAL CIVIL JUSTICE SCHOLARSHIP AWARD -- DESIGNED TO RECOGNIZE OUTSTANDING LEGAL SCHOLARSHIP ON CIVIL JUSTICE ISSUES, AND TO ENCOURAGE SUCH SCHOLARSHIP IN THE FUTURE. THE 2021 CIVIL JUSTICE SCHOLARSHIP AWARD WAS AWARDED TO ONE BOOK AND ONE ARTICLE. PROFESSOR SANDRA SPERINO OF THE UNIVERSITY OF CINCINNATI COLLEGE OF LAW, AND PROFESSOR SUJA THOMAS, OF THE UNIVERSITY OF ILLINOIS COLLEGE OF LAW, FOR THEIR BOOK, UNEQUAL: HOW AMERICA'S COURTS UNDERMINE DISCRIMINATION LAW (OXFORD UNIVERSITY PRESS 2017), IN WHICH THEY EXAMINE THE WAYS IN WHICH COURTS HAVE IMPEDED PRIVATE ENFORCEMENT OF ANTI-DISCRIMINATION LAWS THROUGH CIVIL LITIGATION. PROFESSOR WOJCIK, OF UIC JOHN MARSHALL LAW SCHOOL, IS HONORED FOR HIS ARTICLE, EXTENDING BATSON TO PEREMPTORY CHALLENGES OF JURORS BASED ON SEXUAL ORIENTATION AND GENDER IDENTITY, 40 NO. ILL. U. L. REV. 1 (2019), IN WHICH HE ARGUES THAT IT IS TIME TO EXTEND THE U.S. SUPREME COURT'S DECISION IN BATSON V. KENTUCKY TO ALL FEDERAL AND STATE TRIAL COURTS, AND TO PROHIBIT EXPRESSLY THE EXCLUSION OF JURORS BASED ON THEIR ACTUAL OR PERCEIVED SEXUAL ORIENTATION OR GENDER IDENTITY. THE INSTITUTE ALSO RECOGNIZED TWO PUBLICATIONS FOR HIGH DISTINCTION AMONG THE 35 NOMINATIONS RECEIVED: RIGHTS AND RETRENCHMENT: THE COUNTERREVOLUTION AGAINST FEDERAL LITIGATION (CAMBRIDGE UNIVERSITY PRESS 2017), IN WHICH PROFESSORS STEPHEN BURBANK, OF THE UNIVERSITY OF PENNSYLVANIA LAW SCHOOL, AND SEAN FARHANG, OF THE UNIVERSITY OF CALIFORNIA, BERKELEY, EXAMINE RESPONSES TO THE "RIGHTS REVOLUTION" THAT UNFOLDED IN THE UNITED STATES DURING THE 1960S AND 1970S, AND TRACE THE INCREASING HOSTILITY TO THE ENFORCEMENT OF RIGHTS THROUGH LAWSUITS; AND THE TROUBLE WITH TRIAL TIMES LIMITS, 106 GEO. L. J. 933 (2018), IN WHICH PROFESSOR NORA FREEMAN ENGSTROM, OF STANFORD LAW SCHOOL, EXAMINES AN ISSUE THAT IS QUIETLY AND NEGATIVELY AFFECTING TRIALS AT A TIME WHEN FEW CASES GO TO TRIAL. SHE LOOKS AT SPECIFIC TRIALS AND DATA THAT DEMONSTRATE THE RANDOM IMPLEMENTATION OF TIME LIMITS OF TRIALS, AND HOW THEY ADD ADDITIONAL LIMITATIONS ON PLAINTIFFS. THE INSTITUTE HELD ITS FIRST-EVER WEBINAR FOR ATTORNEYS IN PARTNERSHIP WITH THE NATIONAL COLLEGE OF ADVOCACY, AS A FOLLOW-UP TO THE 2020 JUDGES FORUM. "DANGEROUS SECRETS: CONFRONTING CONFIDENTIALITY IN OUR PUBLIC COURTS" WEBINAR FOR ATTORNEYS WAS HELD VIA LIVE WEBCAST ON OCTOBER 13, 2020 AND ADDRESSED PROTECTIVE ORDERS, MOTIONS TO SEAL, AND WHY LEGAL TRANSPARENCY PROMOTES SAFETY AND ACCOUNTABILITY. THE PROGRAM WAS ATTENDED BY 64 ATTORNEYS AND RECEIVED HIGH RANKINGS.

RESEARCH AND AWARDS: THE APPELLATE ADVOCACY AWARD STRIVES TO RECOGNIZE EXCELLENCE IN APPELLATE ADVOCACY IN AMERICA BY WAY OF SECURING A FINAL APPELLATE COURT DECISION WITH SIGNIFICANT IMPACT ON THE RIGHT TO TRIAL BY JURY, PUBLIC HEALTH AND SAFETY, CONSUMER RIGHTS, CIVIL RIGHTS, ACCESS TO JUSTICE IN CIVIL CASES, OR OTHER ISSUES RELEVANT TO THE WORK OF THE POUND INSTITUTE. THE 2021 AWARD WAS PRESENTED TO THE LAWYERS FOR THE SUCCESSFUL PLAINTIFFS IN TWO 2020 CONSUMER AND CIVIL RIGHTS CASES. ADAM PULVER OF PUBLIC CITIZEN LITIGATION GROUP IN WASHINGTON, DC CONVINCED THE NINTH CIRCUIT IN MCADORY V. M.N.S. & ASSOCS., LTD. LIAB. CO., 952 F.3D 1089 (9TH CIR. 2020) THAT "A BUSINESS THAT BUYS AND PROFITS FROM CONSUMER DEBTS, BUT OUTSOURCES DIRECT COLLECTION ACTIVITIES, QUALIFIES AS A 'DEBT COLLECTOR'- AND THEREFORE IS SUBJECT TO THE PROVISIONS OF THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT. THIS WAS ACHIEVED DESPITE AN EARLIER DISTRICT COURT DISMISSAL OF THE CASE. DISTRICT COURTS THROUGHOUT THE U.S. HAD REACHED CONFLICTING CONCLUSIONS ON THIS ISSUE, AND THE NINTH CIRCUIT'S ANSWER IS CRUCIAL TO THE U.S. CONSUMER PROTECTION REGIME. RICHARD RILEY OF MARSH, RICKARD & BRYAN P.C. IN BIRMINGHAM, AL LED THE SUCCESSFUL APPEAL IN WILLIAMS V. AGUIRRE, 965 F.3D 1147 (11TH CIR. 2020), WHICH UPHELD A MALICIOUS PROSECUTION CLAIM AGAINST TWO POLICE OFFICERS AND REJECTED THE DEFENDANTS' STATE-AGENT IMMUNITY CLAIM. CHIEF JUSTICE WILLIAM PRYOR'S COURT HELD THAT THE "ANY CRIME" RULE - WHICH WOULD PROVIDE IMMUNITY FROM FALSE- ARREST CLAIMS IF THERE WERE PROBABLE CAUSE TO ARREST THE SUSPECT FOR SOME CRIME, EVEN IF IT WAS NOT THE CRIME THE OFFICER THOUGHT HAD OCCURRED - DOES NOT APPLY TO 1983 MALICIOUS PROSECUTION CLAIMS. THIS DECISION RESOLVED A CONFLICT IN CIRCUIT PRECEDENT, PROVIDING A CLEAR PATH FOR ANY FUTURE LITIGANTS.

JUDGES FORUM: POUND'S ANNUAL FORUM FOR STATE APPELLATE COURT JUDGES IS THE CONSUMER BAR'S MOST SIGNIFICANT OUTREACH TO THE JUDICIARY, INVOLVING FULL DAY EDUCATIONAL PROGRAMS OPEN ONLY TO JUDGES. THE FORUMS PROVIDE DIRECT, SUBSTANTIVE EXPERIENCES, WITH ORIGINAL RESEARCH WRITTEN BY PROMINENT ACADEMICS, COMMENTARY BY EXPERTS FROM BOTH SIDES OF THE BAR, AND SMALL GROUP DISCUSSIONS. THE FORUM IS AN OPPORTUNITY FOR JUDGES, LEGAL SCHOLARS, AND PRACTICING ATTORNEYS TO COME TOGETHER FOR AN OPEN DIALOGUE ABOUT MAJOR ISSUES AFFECTING CIVIL JUSTICE IN AMERICA. 2021 JUDGES FORUM: JURIES, VOIR DIRE, BATSON, AND BEYOND: ACHIEVING FAIRNESS IN CIVIL JURY TRIALS. HELD VIA LIVE WEBCAST ON JULY 17, 2021. 113 JUDGES, ACADEMICS, AND ATTORNEYS FROM 33 STATES AND THE DISTRICT OF COLUMBIA PARTICIPATED.

THE INSTITUTE HELD ITS ANNUAL CIVIL JUSTICE SCHOLARSHIP AWARD -- DESIGNED TO RECOGNIZE OUTSTANDING LEGAL SCHOLARSHIP ON CIVIL JUSTICE ISSUES, AND TO ENCOURAGE SUCH SCHOLARSHIP IN THE FUTURE. THE 2021 CIVIL JUSTICE SCHOLARSHIP AWARD WAS AWARDED TO ONE BOOK AND ONE ARTICLE. PROFESSOR SANDRA SPERINO OF THE UNIVERSITY OF CINCINNATI COLLEGE OF LAW, AND PROFESSOR SUJA THOMAS, OF THE UNIVERSITY OF ILLINOIS COLLEGE OF LAW, FOR THEIR BOOK, UNEQUAL: HOW AMERICA'S COURTS UNDERMINE DISCRIMINATION LAW (OXFORD UNIVERSITY PRESS 2017), IN WHICH THEY EXAMINE THE WAYS IN WHICH COURTS HAVE IMPEDED PRIVATE ENFORCEMENT OF ANTI-DISCRIMINATION LAWS THROUGH CIVIL LITIGATION. PROFESSOR WOJCIK, OF UIC JOHN MARSHALL LAW SCHOOL, IS HONORED FOR HIS ARTICLE, EXTENDING BATSON TO PEREMPTORY CHALLENGES OF JURORS BASED ON SEXUAL ORIENTATION AND GENDER IDENTITY, 40 NO. ILL. U. L. REV. 1 (2019), IN WHICH HE ARGUES THAT IT IS TIME TO EXTEND THE U.S. SUPREME COURT'S DECISION IN BATSON V. KENTUCKY TO ALL FEDERAL AND STATE TRIAL COURTS, AND TO PROHIBIT EXPRESSLY THE EXCLUSION OF JURORS BASED ON THEIR ACTUAL OR PERCEIVED SEXUAL ORIENTATION OR GENDER IDENTITY. THE INSTITUTE ALSO RECOGNIZED TWO PUBLICATIONS FOR HIGH DISTINCTION AMONG THE 35 NOMINATIONS RECEIVED: RIGHTS AND RETRENCHMENT: THE COUNTERREVOLUTION AGAINST FEDERAL LITIGATION (CAMBRIDGE UNIVERSITY PRESS 2017), IN WHICH PROFESSORS STEPHEN BURBANK, OF THE UNIVERSITY OF PENNSYLVANIA LAW SCHOOL, AND SEAN FARHANG, OF THE UNIVERSITY OF CALIFORNIA, BERKELEY, EXAMINE RESPONSES TO THE "RIGHTS REVOLUTION" THAT UNFOLDED IN THE UNITED STATES DURING THE 1960S AND 1970S, AND TRACE THE INCREASING HOSTILITY TO THE ENFORCEMENT OF RIGHTS THROUGH LAWSUITS; AND THE TROUBLE WITH TRIAL TIMES LIMITS, 106 GEO. L. J. 933 (2018), IN WHICH PROFESSOR NORA FREEMAN ENGSTROM, OF STANFORD LAW SCHOOL, EXAMINES AN ISSUE THAT IS QUIETLY AND NEGATIVELY AFFECTING TRIALS AT A TIME WHEN FEW CASES GO TO TRIAL. SHE LOOKS AT SPECIFIC TRIALS AND DATA THAT DEMONSTRATE THE RANDOM IMPLEMENTATION OF TIME LIMITS OF TRIALS, AND HOW THEY ADD ADDITIONAL LIMITATIONS ON PLAINTIFFS. THE INSTITUTE HELD ITS FIRST-EVER WEBINAR FOR ATTORNEYS IN PARTNERSHIP WITH THE NATIONAL COLLEGE OF ADVOCACY, AS A FOLLOW-UP TO THE 2020 JUDGES FORUM. "DANGEROUS SECRETS: CONFRONTING CONFIDENTIALITY IN OUR PUBLIC COURTS" WEBINAR FOR ATTORNEYS WAS HELD VIA LIVE WEBCAST ON OCTOBER 13, 2020 AND ADDRESSED PROTECTIVE ORDERS, MOTIONS TO SEAL, AND WHY LEGAL TRANSPARENCY PROMOTES SAFETY AND ACCOUNTABILITY. THE PROGRAM WAS ATTENDED BY 64 ATTORNEYS AND RECEIVED HIGH RANKINGS.

RESEARCH AND AWARDS: THE APPELLATE ADVOCACY AWARD STRIVES TO RECOGNIZE EXCELLENCE IN APPELLATE ADVOCACY IN AMERICA BY WAY OF SECURING A FINAL APPELLATE COURT DECISION WITH SIGNIFICANT IMPACT ON THE RIGHT TO TRIAL BY JURY, PUBLIC HEALTH AND SAFETY, CONSUMER RIGHTS, CIVIL RIGHTS, ACCESS TO JUSTICE IN CIVIL CASES, OR OTHER ISSUES RELEVANT TO THE WORK OF THE POUND INSTITUTE. THE 2021 AWARD WAS PRESENTED TO THE LAWYERS FOR THE SUCCESSFUL PLAINTIFFS IN TWO 2020 CONSUMER AND CIVIL RIGHTS CASES. ADAM PULVER OF PUBLIC CITIZEN LITIGATION GROUP IN WASHINGTON, DC CONVINCED THE NINTH CIRCUIT IN MCADORY V. M.N.S. & ASSOCS., LTD. LIAB. CO., 952 F.3D 1089 (9TH CIR. 2020) THAT "A BUSINESS THAT BUYS AND PROFITS FROM CONSUMER DEBTS, BUT OUTSOURCES DIRECT COLLECTION ACTIVITIES, QUALIFIES AS A 'DEBT COLLECTOR'- AND THEREFORE IS SUBJECT TO THE PROVISIONS OF THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT. THIS WAS ACHIEVED DESPITE AN EARLIER DISTRICT COURT DISMISSAL OF THE CASE. DISTRICT COURTS THROUGHOUT THE U.S. HAD REACHED CONFLICTING CONCLUSIONS ON THIS ISSUE, AND THE NINTH CIRCUIT'S ANSWER IS CRUCIAL TO THE U.S. CONSUMER PROTECTION REGIME. RICHARD RILEY OF MARSH, RICKARD & BRYAN P.C. IN BIRMINGHAM, AL LED THE SUCCESSFUL APPEAL IN WILLIAMS V. AGUIRRE, 965 F.3D 1147 (11TH CIR. 2020), WHICH UPHELD A MALICIOUS PROSECUTION CLAIM AGAINST TWO POLICE OFFICERS AND REJECTED THE DEFENDANTS' STATE-AGENT IMMUNITY CLAIM. CHIEF JUSTICE WILLIAM PRYOR'S COURT HELD THAT THE "ANY CRIME" RULE - WHICH WOULD PROVIDE IMMUNITY FROM FALSE- ARREST CLAIMS IF THERE WERE PROBABLE CAUSE TO ARREST THE SUSPECT FOR SOME CRIME, EVEN IF IT WAS NOT THE CRIME THE OFFICER THOUGHT HAD OCCURRED - DOES NOT APPLY TO 1983 MALICIOUS PROSECUTION CLAIMS. THIS DECISION RESOLVED A CONFLICT IN CIRCUIT PRECEDENT, PROVIDING A CLEAR PATH FOR ANY FUTURE LITIGANTS.