Stephen Daniels
Bio
Stephen Daniels is a Senior Research Professor at the American Bar Foundation. He holds a Ph.D. in political science from the University of Wisconsin-Madison. His research focuses on law and public policy, legal education, and the various aspects of the American civil justice system. He has written on law school curriculum and financing, trial courts, juries, plaintiffs' lawyers, and the politics…
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Research focus
Law and public policy, legal education, the legal profession, and the American civil justice system. He has published extensively on a broad range of topics that include innovation in legal education, the delivery of legal services, civil juries, trial courts, plaintiffs’ lawyers, medical malpractice, punitive damages, and the politics of civil justice reform.
Projects
The Financing of Legal Education
- This project follows up on and expands the work of the American Bar Association Task Force on the Financing of Legal Education (Daniels served as the reporter and consultant for the Task Force). It…
Alternative Legal Professionals
- The lack of access to competent legal assistance because of the absence of resources, social capital, awareness, or because of geographic distance is described as a justice gap. The existence of this…
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Publications
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Alternative Legal Professionals and Access to Justice: Failure, Success. and the Evolution of the Washington State LLLT Program (the Genie is Out of the Bottle) (with James Bowers)
- DePaul Law Review
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Who Wants to be a Prosecutor? and Why Care? Law Students’ Career Aspirations and Reform Prosecutors’ Goals (with Shih-Chun Chien)
- Howard Law Journal
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Looking Back: What Law School Graduates Say About Experiential Learning (with David Thomson)
- Willamette Law Review
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Commentary
Sep 20, 2018
Read Professor Stephen Daniels' blog post at the Institute for the Advancement of the American Legal System (IAALS) online, a national, independent research center located at the University of…
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Presentations
- The Rule of Law is Fragile: The Importance of Access and Legitimacy
- Jul 2022
- An Innovation in Access to Justice: An Opportunity Lost?
- Jun 2021
- The Perennial (and Stubborn) Challenge of Affordability, Cost, and Access
- Nov 2016
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Professional Service & Recognition
- Law and Society Association, Kalvan Prize Committee, 2016
- Academic Advisor, Civil Jury Project, New York University School of Law, 2015–present
- Member, Academic Advisory Board, Roscoe Pound Civil Justice Institute, 2000-2006; 2012–present
- Member, Editorial Board, Justice System Journal, 2004 –present
- Member, Chicago Council of Lawyers Administration of Justice and Court Reform Advisory Committee, 2014–present
- Consultant/Reporter, ABA Task Force on the Financing of Legal Educationm 2014-2015
- Member, Chicago Appleseed Fund for Justice Advisory Board for the Center for Judicial Performance and Integrity, 2012-2014.
- Member, University of Denver, Planning Committee for Educating Tomorrow's Laywers 2013 Conference, "Connecting the Academy and the Profession," 2012-2013
- Member, Planning Committee for IAALS, University of Denver Educating Tomorrow’s Lawyers 2012 Conference, “The Development of Professional Identity in Legal Education: Rethinking Learning and Assessment,” 2011-2012
- Moderator, IAALS, University of Denver Educating Tomorrow’s Lawyers 2012 Conference, “The Development of Professional Identity in Legal Education: Rethinking Learning and Assessment, September 27-29, 2012
- Advisor, University of Denver, Educating Tomorrow’s Lawyers Initiative, 2011-2013
- Participant, Amicus Curiae Brief of Professors Neil Vidmar, et al. in Support of Plaintiffs in Deborah Watts v. Lester E. Cox Medical Centers et al. (Supreme Court of Missouri, Case No. 91867), constitutional challenge to cap on damages in medical malpractice cases, October 2011
- Participant, Amicus Curiae Brief of Professors Neil Vidmar, et al. in Support of Plaintiffs in Estate of Michelle Evette McCall, etc. et al. (Supreme Court of Florida, Case No. SC11-1148), constitutional challenge to cap on damages in medical malpractice cases, August 2011
- Member, Chicago Appleseed Fund for Justice Judicial Performance Commission, Chicago, IL, 2010-2012
- Member, Steering Committee for the development of the IAALS, University of Denver Educating Tomorrow’s Lawyers Initiative, 2010-2011.
- Member, University of Denver, Steering Committe for the Development of the Educating Tomorrow's Lawyers Initiative, 2010-2011
- Law and Society Association, Dissertation Prize Committee, 2008-2009
- Participant, Amicus Curiae Brief of Professors of Law and Social Science in Support of the Plaintiff in G.W.I.S. v. Integrals Blackwell Regional Hospital (Supreme Court of Oklahoma, Case No. CQ-106506), constitutional challenge to cap on damages in medical malpractice cases, December 2008
- Expert’s Affidavit (for plaintiff) in Taylor v. St. Joseph Medical Center (Circuit Court of Jackson County at Independence, Missouri, Case No. 0616-CV09673), constitutional challenge to cap on damages in medical malpractice cases (with Joanne Martin), September 2008
- Participant, Amicus Curiae Brief and Argument of Professors in Support of Plaintiffs-Appellees in Lebron v. Gottlieb Memorial Hospital (Supreme Court of Illinois, Consolidated Docket Nos. 105741 & 105745), a constitutional challenge to cap on damages in medical malpractice cases, August 2008
- Expert’s Affidavit (for plaintiff) in Miller and Miller v. Johnson, M.D. (District Court of Douglas County, Kansas, Case No. 2004CV704, Division 6), constitutional challenge to Kansas cap on damages in medical malpractice cases (with Joanne Martin), June 2007
- Participant, Amicus Curiae Brief of Professors and Scholars in Support of Respondent in Philip Morris, USA v. Williams, 549 U.S. 346 (2007) (Supreme Court of the United States), constitutional challenge to awarding of punitive damages, September 2006
- Expert Witness (for plaintiff) in State of Alabama v. Exxon Corporation (Circuit Court of Montgomery County, Alabama, Civil Action No. CV-99-2368), for post-trial motion regarding punitive damages, March 2004 (second trial)
- "How Texas Plaintiffs’ Lawyers Get Cases and the Importance of Referrals,” testimony before the State Bar of Texas Referral Fee Task Force, Austin, TX, March 29, 2004
- Member, Chicago Council of Lawyers Research Advisory Committee for the Judicial Campaign Finance Reform Project, 2001-2004
- Participant, Amicus Curiae Brief of Certain Leading Social Scientists and Legal Scholars in Support of Respondents in State Farm Mutual Automobile Ins. Co. v. Campbell and Campbell, 538 US 408 (2003) (Supreme Court of the United States), constitutional challenge to awarding of punitive damages, September 2002
- Outsider Reviewer, University of Chicago, Social and Behavioral Sciences Institutional Reivew Board (Human Subjects Committee), 2001
- Expert Witness (for plaintiff) in State of Alabama v. Exxon Corporation (Circuit Court of Montgomery County, Alabama, Civil Action No. CV-99-2368), for post-trial motion regarding punitive damages, May 2001 (first trial)
- Expert Witness (for plaintiff) in Witherspoon v. Mack Trucks, Inc. (Circuit Court of Clarke County, Alabama, Civil Action No. 97-172-C), for post-trial motion regarding punitive damages, June 2000
- Expert’s Affidavit (for plaintiff) in Martin v. Richey (Indiana Supreme Court, No. 53S04-9805-CV-27, decided July 8, 1999), constitutional challenge to legislation enacting a two-year statute of limitations for medical malpractice victims (with Joanne Martin), 1999
- Expert’s Affidavit (for plaintiff) in Ohio Academy of Trial Lawyers v. Hon. Richard S. Sheward, Judge (Ohio Supreme Court, No. 97-2419, decided August 19, 1999), constitutional challenge to Ohio tort reform legislation (with Joanne Martin), 1999
- Comment on Proposed Amendment to Disciplinary Rule 2-101 of the Code of Professional Responsibility, Supreme Court of Ohio, December 1, 1997 (discussing empirical evidence relevant to an amendment which would have imposed a 30-day restriction on direct mail communication by attorneys to accident victims)
- Expert’s Affidavit (for plaintiff) in Best v. Taylor Machine Works (Illinois Supreme Court, 689 N.E. 2d. 1057 [Ill. 1997]), constitutional challenge to Illinois tort reform legislation (with Joanne Martin), 1997
- “Punitive Damages in Financial Injury Cases,” testimony before the Committee on the Judiciary, U.S. Senate, Washington, D.C., June 23, 1997
- Congressional Staff Briefing on Civil Juries and the Politics of Reform and Products Liability Legislation, presentation at U.S. Capitol, Washington, D.C., March 12, 1996 (sponsored by Rep. Lloyd Doggett [D-TX] and Sen. Ernest Hollings [D-SC])
- Press Briefing on Civil Juries and the Politics of Reform and Products Liability Legislation, National Press Club, Washington, D.C., March 12, 1996 (sponsored by Public Citizen)
- “Punitive Damages Tort Reform,” testimony before the Committee on the Judiciary, U.S. Senate, Washington, D.C., April 4, 1995
- “Punitive Damages and Products Liability,” testimony before the Committee on Commerce, Science and Transportation, U.S. Senate, Washington, D.C., April 4, 1995
- “Punitive Damages in State Courts,” testimony before the Wisconsin Senate Committee on Judiciary and Insurance, Madison, WI, May 19, 1993
- “Myth and Reality in Punitive Damages,” testimony before the Committee on Commerce, Science and Transportation, U.S. Senate, Washington, D.C., Sept 12, 1991
- “Aggregate Patterns in Punitive Damages and Products Liability Verdicts,” testimony before the Subcommittee on Commerce, Consumer Protection and Competitiveness, U.S. House of Representatives, Washington, D.C., May 20, 1987
- Member, Medical Malpractice Closed Claims Stidy Working Group, State of Wisconsin, Office of the Commissioner of Insurance, 1988-1989
- “Jury Verdicts and the ‘Crisis’ in Civil Justice,” testimony before the Alabama Governor’s Commission on the Insurance Crisis and Tort Reform, Montgomery, AL November 13, 1986
- “Civil Jury Awards in State Courts,” testimony before the Massachusetts Governor’s Commission on the Insurance Crisis, Boston, MA, August 5, 1986