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Access to Justice
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January 19, 2023
Remote Proceedings Can Improve Justice In Rural Areas
Courts should embrace remote proceedings to improve access to justice in rural communities because participants don't have to drive hours to a courthouse, take time off work or arrange child care, according to a virtual panel hosted by the National Center for State Courts.
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January 06, 2023
Top Priorities For Pro Bono Leaders In 2023
Leaders of pro bono practices look ahead to how they plan to prioritize resources and initiatives in 2023.
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January 06, 2023
Rochester Can't Escape Suit Over Police Killing, Judge Rules
The city of Rochester, New York, can't dismiss a lawsuit filed by the family of a young Black man who was shot and killed by Rochester police while experiencing a mental health crisis, a federal judge has ordered.
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January 06, 2023
The Biggest Access To Justice Issues In 2023
This year could see a spike in evictions and further setbacks at the U.S. Supreme Court for those looking to further equality, but potential changes to legal industry regulations and continued criminal justice reform efforts still offer hope.
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January 06, 2023
Susman Godfrey Attys Help Defend Calif. Housing Laws
A team of attorneys from Susman Godfrey LLP has been defending pandemic-related housing laws across California against a legal assault from landlord groups, securing the first appellate decision in the country affirming the constitutionality of the anti-eviction ordinances amid a public health emergency.
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January 05, 2023
Navajo Nation Sues Again After Feds Slash Judicial Funding
The Navajo Nation on Thursday filed another federal breach of contract case against the U.S. Department of the Interior over funding for its judicial branch, the latest lawsuit in an ongoing battle against the agency over tens of millions of dollars the tribe says it has been shortchanged.
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January 03, 2023
Louisiana Has A Brady Crisis. Can The Supreme Court Fix It?
Louisiana has long given the U.S. Supreme Court reason to reinforce prosecutors’ obligation to disclose evidence favorable to defendants, a requirement that attorneys nationally say merits another forceful reminder after an inmate did not receive a key jailhouse confession until he was already on death row.
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December 16, 2022
Cardozo Fights To Free NY Man Imprisoned For '96 Drug Bust
In 1997, a Long Island judge saw a drug "kingpin" in Joaquin Winfield. But a group of current and former law students and professors doesn't see it that way, and they hope New York Gov. Kathy Hochul won't either.
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December 16, 2022
Greenberg Traurig Guides Afghan Women To Safety In Mexico
Elba B. Gutiérrez and other Greenberg Traurig attorneys have been helping members of the Afghan women's flag football team secure political asylum in Mexico and discover new opportunities there.
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December 16, 2022
The Cases That Most Affected Access To Justice In 2022
Courts saw a number of cases in 2022 that could have potential consequences for access to justice, including suits over public defender shortages, claims of ineffective counsel, the regulation of nonlawyers and abortion.
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December 16, 2022
Data Is Top Priority For Group Studying Vets In Justice System
A new commission established by the Council on Criminal Justice think tank is working to help change policies that may have led to a surprisingly high number of military veterans winding up behind bars, with getting better data on former service members a top priority for the group.
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December 16, 2022
3rd Circ. Grapples With Solitary Confinement Of Mentally Ill
At the Third Circuit, a late prisoner's lawsuit has placed a spotlight on Eighth Amendment concerns with placing mentally ill prisoners in solitary confinement.
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December 16, 2022
Senate Confirms DC Court Judges Amid 'Vacancy Crisis'
The U.S. Senate has confirmed seven D.C. judicial nominees for seats on the district's trial and appellate courts that have been vacant for an average of almost two years, acting on long-pending nominations amid a recent surge of pressure applied by court watchdogs and lawmakers alike.
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December 14, 2022
Georgia Agencies Sued For Failure To Cover Trans Benefits
Four transgender government employees across three departments hit Georgia agencies and several top government officials with an employment discrimination suit in federal court Wednesday, challenging the State Health Benefit Plan's continued denial of gender-affirming care.
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December 14, 2022
Settlement Paves Way To Close NY Rent Aid Application Portal
New York has reached a settlement agreement to stop accepting federal rental assistance applications as soon as mid-January, nearly a year after a state court forced one of the country's largest pandemic aid programs back open in the hopes of additional funding.
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December 08, 2022
Civil Legal Aid Caseload Growth 'Remarkable' Amid Pandemic
The COVID-19 pandemic had civil legal aid organizations scrambling to help low-income Americans in 2021, especially in the area of housing.
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December 07, 2022
Scandal-Plagued DC Housing Agency Faces Reform Demands
The independent government agency that manages thousands of affordable public housing units and the housing voucher program in the nation's capital faces a growing chorus of demands for reform amid accusations of far-reaching mismanagement and corruption and deeply rooted funding problems.
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December 02, 2022
In Justice Reforms, Court Communities Are Often Overlooked
A senior policy advisor to the National Institute of Justice's Office of Research, Evaluation, and Technology stressed considering the roles of local courtroom communities when legislatures design criminal justice reforms in a study published this week that explores local practices' influence on criminal case processing and sentencing outcomes.
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December 02, 2022
Screening, Supervision Key To Avoiding Pro Bono Errors
Accusations of malpractice in pro bono cases, while rare, can be avoided by carefully vetting such cases, researching unfamiliar practice areas and being sure to supervise newer attorneys, experts say.
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December 02, 2022
Morgan Lewis Helps Free Man Convicted By DA Misconduct
A team of Morgan Lewis & Bockius LLP attorneys recently helped a pro bono client who was wrongfully convicted of a New Orleans murder during an era of prosecutorial misconduct walk out of prison a free man after 35 years at Angola State Penitentiary.
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December 02, 2022
7th Circ. To Decide Which Groups Can Pay Bail In Indiana
The Bail Project, an organization that bails criminal defendants out of jail for free in 20 states in service of a mission to abolish cash bail, is heading to the Seventh Circuit next week to challenge an Indiana law that it says unfairly restricts its ability to release indigent defendants back to their communities.
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December 01, 2022
Del. Stands Out Among States In Curbing 'Unjust' Fines, Fees
The national outlook for doing away with "unjust" judicial fines and fees remains grim, but Delaware showed significant strides by making key reforms during the past year, an access to justice watchdog said in a report released Thursday.
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November 29, 2022
Georgetown Law Program Will Embed Technologists In Courts
Georgetown University Law Center on Tuesday announced the launch of a new fellowship that will embed technologists and software designers in state, local and tribal courts in order to develop tech-based solutions to improve access to the judicial system.
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November 18, 2022
Hotels' Push To Counter Sex Trafficking Wins Mixed Reviews
Amid a growing wave of criminal and civil suits aimed at hotels for alleged facilitation of sex trafficking, the hospitality industry has embraced a more proactive approach to identifying and responding to the crime. Here, Law360 looks at the focus of such efforts as well as their strengths and weaknesses.
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November 18, 2022
Justice Center Leader's Journey From Prison To Changemaker
Derrick Hamilton, deputy director of Cardozo School of Law's Perlmutter Center for Legal Justice, studied law while in prison and won his own exoneration after serving a 21-year sentence. Today, he hopes to make big changes in the justice system to ensure others don't need to do the same.
Expert Analysis
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Cy Pres Awards Are The Best Answer
The argument that cy pres awards violate the rights of absent class members is wrong on many levels and ignores the fact that prohibiting such distributions creates far more problems than it solves, says John Campbell, a professor at the University of Denver Sturm College of Law.
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Maybe Virtual Reality Juries Can Facilitate Access To Justice
Jury service is a terrible user experience and an unpredictable disruption. What if the courts leveraged virtual reality technology to allow jurors to serve remotely? asks Stephen Kane, founder of online dispute resolution platform FairClaims and a fellow of Stanford CodeX Center for Legal Informatics.
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A Key Legal Reform To Fight The Child Sex Abuse Epidemic
With child sex predators victimizing, on average, over 100 children in their lifetimes, the implicit danger of retaining state statutes of limitation for prosecution of these crimes could not be more obvious, says Michael Dolce of Cohen Milstein Sellers & Toll PLLC.
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Blockchain Can Empower Stateless Refugees
Innovative blockchain-based projects providing stateless refugees with forms of identification, digital assets and educational opportunities could change the rules for this vulnerable population, say Amy Schmitz of the University of Missouri School of Law and Jeff Aresty of Internetbar.org.
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How State Courts Are Fighting Our National Opioid Epidemic
Loretta Rush, chief justice of Indiana and co-chair of the National Judicial Opioid Task Force, discusses how state courts can facilitate a successful policy response to the opioid epidemic.
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How The 3rd Generation Of Bail Reform Imploded
Thirty-four years after the passage of the Federal Bail Reform Act of 1984, we have finally seen the implosion of this misguided attempt at justice, says Jeffrey Clayton, executive director of the American Bail Coalition.
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Class Cy Pres Settlements Are A Troubling Practice
Class actions are often touted as a powerful mechanism for access to justice, but is this true when there is zero chance of recovery for class members? asks Mary Massaron, a partner at Plunkett Cooney PC and former president of Lawyers for Civil Justice.
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The Pro Bono Law That United Congress
Those who perpetrate crimes are guaranteed the right to counsel, but victims of domestic violence and sexual assault are not. With the unanimously passed Pro Bono Work to Empower and Represent Act, I envision an army of lawyers helping break the cycle of abuse, says Sen. Dan Sullivan, R-Alaska.
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How BigLaw Pro Bono Pros Can Promote Access To Justice
Allegra Nethery, president of the Association of Pro Bono Counsel, discusses opportunities for large law firms to make a difference.
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Aggressive Stops And Frisks Won't Make Chicago Safer
Speaking recently to the International Association of Chiefs of Police, President Donald Trump called for stop-and-frisk practices in Chicago to reduce violent crime. But beyond the negative consequences of this approach, data supporting its effectiveness is sparse, say Dr. Tara Lai Quinlan and Northeastern University School of Law professor Deborah Ramirez.
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The Pro Bono Policies Worth Adopting In Every State
A recent survey of attorneys across the country found that, despite broad opposition to mandatory pro bono, strong support exists for a number of statewide policies and initiatives to more effectively engage the private bar in pro bono work, says Latonia Haney Keith, associate dean of academics at Concordia University School of Law.
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Using The Constitution To End Punishment Of The Poor
One hundred and fifty years after the ratification of the Fourteenth Amendment, lawyers are achieving real victories on the ground with new constitutional theories striking at both inequality and unfair process, says Brandon Garrett of Duke University School of Law.