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Access to Justice
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July 11, 2023
New Program To Help Noncitizen Soldiers Become Naturalized
Morgan Lewis & Bockius LLP has launched a new fellowship to guide highly skilled noncitizen soldiers and veterans through the naturalization process and usher them across the finish line, after the firm won litigation ensuring the soldiers and vets can apply for citizenship that was promised in exchange for their service.
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July 10, 2023
Wash. To Pay $100M For Pretrial Mental Health Exam Delays
A Seattle federal judge has slammed a state agency for committing "inexcusable" constitutional rights violations by letting people with mental illness languish in local jails while awaiting trial, ordering the state to pay $100 million for violating a class action settlement over delays in court-ordered competency services.
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July 10, 2023
'Patently Unsafe': Latest Report Details Violence At NYC Jails
A video showing confrontational officers played at a new recruit ceremony and posted publicly on May 19. (Court Documents)
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July 07, 2023
'The Wire' Creator Urges Leniency In Actor's Fentanyl Death
The co-creator behind the HBO drama series "The Wire" urged a New York federal judge to show compassion to one of the men who pled guilty in the overdose death of Michael K. Williams, saying the actor's own stance against mass incarceration and the drug war spurred his letter.
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July 07, 2023
From Felon To Firm Owner, Mass. Atty Aids Inmate IP Pursuits
After opening up about his own criminal background and his unconventional path into the legal industry, intellectual property lawyer Keegan Caldwell is now helping incarcerated and formerly incarcerated people file patent applications.
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July 07, 2023
Justices Eye Intersection Of Domestic Violence, Gun Rights
In the fall, the U.S. Supreme Court will hear a case centering on the intersection of gun rights and domestic violence. Legal experts say it could be one of several cases involving the Second Amendment the court will be called to decide following its landmark ruling on gun rights last year.
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July 07, 2023
As States Purge Medicaid Rolls, Legal Aid Groups Step Up
With millions of Americans expected to lose Medicaid coverage as states review benefit eligibility following the end of COVID-19 pandemic-related protections, legal aid organizations are working to raise awareness, help people appeal terminations of coverage and educate beneficiaries about their rights.
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July 07, 2023
Sheppard Mullin Helps Afghans Put Down New Roots In Calif.
Attorneys at Sheppard Mullin Richter & Hampton LLP are helping Afghan refugees who have supported U.S. interests in Afghanistan and resettled in the San Diego area win asylum so they can stay in the United States permanently. Here, Law360 speaks with Sheppard Mullin partner Elizabeth S. Balfour and associate Matthew Rebelo about the firm's ongoing efforts.
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July 07, 2023
BigLaw Attorneys On Navigating LGBTQ Asylum Cases
Taking on asylum cases for LGBTQ immigrants can truly be life-or-death in many cases, with asylees facing persecution, criminalization and even death as a result of their sexual orientation and gender identity in their home countries.
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July 07, 2023
Sick Prisoner Claiming Inadequate Care Seeks Release
A man serving 18 years in prison after collecting more than $9 million from Medicare and Medicaid while banned for fraud urged a New Jersey federal judge to release him early, claiming the U.S. prison system can't manage his severe medical needs.
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July 07, 2023
Latham Partners Help Legal Aid DC Launch Endowment
A new $5 million endowment established by Legal Aid DC, with the help of supporters including Latham & Watkins LLP, will boost efforts to provide services to low-income residents, in a move that aims to ensure long-term financial stability in times of uncertainty.
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July 06, 2023
Probe Finds Failure To Punish 'Torture,' Racism In Ill. Prison
The Federal Bureau of Prisons has failed to punish administrators of a high-security federal penitentiary in Illinois for what have been described as acts of torture and a culture of "rampant racism," according to a report released Thursday by advocates for inmate rights.
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July 03, 2023
Law360 Podcasts Untangle A Week Of Blockbuster Rulings
The U.S. Supreme Court wrapped up its term last week with a series of blockbuster rulings striking down affirmative action and the government's ambitious plan to eliminate billions of dollars in federal student loan debt, and siding with a website designer opposed to same-sex weddings and a religious former postal worker seeking workplace accommodations.
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July 03, 2023
NJ Gets Rid Of Public Defender Fees With New Law
New Jersey residents will no longer have to pay fees, liens and warrants issued for public defender services in the state, thanks to a bill newly signed into law by Gov. Phil Murphy.
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June 30, 2023
Justices Pass On Acquitted Conduct Review — For Now
The U.S. Supreme Court on Friday declined to take up several cases challenging the practice of acquitted conduct sentencing as the U.S. Sentencing Commission reassesses the controversial practice, but multiple justices made it clear that future high court review may be in the cards.
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June 30, 2023
High Court To Look At Gun Rights In Domestic Violence Cases
The U.S. Supreme Court on Friday said it will rule on whether a federal law forbidding people subject to domestic violence restraining orders from possessing firearms violates the Constitution, one year after issuing a landmark decision that expanded gun rights.
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June 29, 2023
6th Circ. Says Private Juvenile Lockup Must Face Death Suit
A split panel of the Sixth Circuit has reversed a Michigan federal judge's dismissal of a civil rights case brought against a private juvenile detention center operator, with the majority ruling that the complaint over a teenage detainee's suicide sufficiently alleged that the company is a state actor.
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June 28, 2023
Are Attys Being Held Accountable For Client Sexual Contact?
When the Missouri Supreme Court recently declined to disbar an attorney accused of sexually assaulting his clients, it was not an anomaly. A Law360 investigation of attorney discipline records found that of more than 100 attorneys disciplined for having sexual contact with clients, the vast majority were allowed to keep their law licenses.
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June 28, 2023
ACLU Wants NJ To Push Forward On Incarceration Reforms
The American Civil Liberties Union of New Jersey urged state officials on Wednesday to continue efforts to decrease incarceration by eliminating mandatory minimum sentences, expanding clemency and compassionate release, and decriminalizing drug offenses.
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June 28, 2023
NJ Judge Forced To Quit For Airing Bias Concerns, Suit Says
A New Jersey municipal judge suffered retaliation in the form of lost disability accommodation and was forced to resign after he made widely publicized allegations that local courts discriminated against Hispanic defendants, the jurist alleges in a new lawsuit.
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June 23, 2023
Atty Bias Eyed As New Path For Mass. Conviction Challenges
A recent Massachusetts high court decision to toss a Black Muslim man's conviction based on his defense attorney's racist and xenophobic online posts is being hailed as a win for racial justice, and advocates say it could lead to other cases being challenged on grounds of bias by appointed counsel.
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June 23, 2023
More Cases Involving Convicted Ex-Cops Axed In Manhattan
While the Manhattan District Attorney's Office announced this month that it would throw out over 300 mostly misdemeanor convictions tied to discredited New York City cops, information gathered by local advocates suggests prosecutors have a long road ahead of them in accounting for damage done by police officers they no longer trust.
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June 23, 2023
New Maine Law Protects Atty-Client Privilege In Jail Calls
The Maine Legislature approved a bill this week that seeks to protect attorney-client privilege for incarcerated people using jail phones. The legislation came in response to outrage over recent revelations that authorities had eavesdropped on confidential calls at several jails in the state.
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June 23, 2023
How Simpson Thacher Beat Kansas Vote-By-Mail Restrictions
When Kansas lawmakers enacted legislation that made it a crime for out-of-state groups to send mail-in ballot applications to voters, attorneys with Simpson Thacher & Bartlett LLP sprang into action and recently notched a major First Amendment victory in challenging the law.
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June 23, 2023
Minnesota Joins Prosecutor-Led Resentencing Law Movement
Joining a growing number of states beginning with California in 2018, a newly adopted law in Minnesota is set to give prosecutors a chance to ask courts to resentence convicted criminals who have shown rehabilitation during their time in prison.
Expert Analysis
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States Must Toll Court Deadlines To Ensure Access To Justice
There are several reasons why a state should consider temporarily lifting statutes of limitations during this pandemic, including protecting the rights of litigants who are vulnerable, say Adam Mendel and Rayna Kessler at Robins Kaplan.
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Coping With A Pandemic: ASU's Rebecca Sandefur
With self-isolation and social distancing now the norm during the COVID-19 pandemic, Law360 is sharing reactions from around the business and legal community. Today's perspective comes from Rebecca Sandefur, a professor at Arizona State University and faculty fellow of the American Bar Foundation.
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Coronavirus Crisis Shows Need For Permanent Bail Reform
All states should follow Florida's lead and reduce the number of people held in jails unnecessarily during the pandemic, and use this tragic time as a catalyst to make lasting, long overdue changes in our criminal justice system, says Matt Morgan at Morgan & Morgan.
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Constitutional Lessons For Prisons Amid COVID-19 Outbreak
With the coronavirus already infiltrating certain prison populations, jail officials must look to cases stemming from the 2009 swine flu epidemic for guidance on their legal obligations under the Eighth Amendment, say attorneys at Bradley Arant.
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Weinstein's Survivors Got Justice, But Reform Is Still Needed
While the conviction and sentencing of Harvey Weinstein was a watershed moment, and vindication for the women that he abused, the scales of justice remain tipped against women in cases of sexual assault and harassment in the U.S. and around the world, say Jennifer Klein at Time's Up and Rachel Vogelstein at the Council on Foreign Relations.
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Keep Your Client Out Of The Courtroom During Voir Dire
With Harvey Weinstein's defense team raising allegations of undisclosed bias among the jurors who convicted him, it's a good time to examine why it may be best if your client is not present during the jury selection process, says Christina Marinakis at Litigation Insights.
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Justices' Border Patrol Ruling Could Extend To US Citizens
The U.S. Supreme Court’s decision in Hernandez v. Mesa, barring a Mexican family’s remedies for the fatal cross-border shooting of their son by a federal agent, sweeps broadly toward curtailing constitutional remedies for similarly aggrieved U.S. citizens, says Cori Alonso-Yoder at American University Washington College of Law.
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Weinstein Verdict May Signal Big Step Forward For #MeToo
That a New York state jury convicted Harvey Weinstein of sexual assault and rape — in the absence of substantial corroborating evidence and despite challenges to the accusers' credibility — suggests that society has turned a corner, says professor Stephen Gillers at NYU School of Law.
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Justice Denied For A NY Domestic Violence Survivor
New York's Domestic Violence Survivors Justice Act was enacted to reduce sentences for people like Nicole Addimando, who was just given 19 years to life in prison for killing her sadistically abusive partner, so the court’s failure to apply it here raises the question of whether it will be applied at all, say Ross Kramer and Nicole Fidler at Sanctuary for Families.
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Arbitration Is A Flawed Forum That Needs Repair
While arbitration is a good vehicle for ensuring timely dispute resolution, the existing system lacks protections for workers and consumers, and legislative efforts to outlaw forced arbitration prove it’s time to finally fix it, says Gerald Sauer at Sauer & Wagner.
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Sentencing Insights From A Chat With Judge Nancy Gertner
While many judges say there isn’t much criminal defense attorneys can do at sentencing hearings, retired U.S. District Judge Nancy Gertner — an outspoken critic of the federal sentencing guidelines — disagrees, says criminal defense attorney Alan Ellis.
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Rigged Forfeiture Law Seizes Property In 4 Steps
Nationwide, law enforcement agencies rely on a four-pronged attack to generate billions of dollars in civil forfeiture revenue to use for police perks, depriving defendants of property without due process of law, says Daryl James of the Institute for Justice.
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To Honor The Promise Of Liberty, Reform Pretrial Detention
As criminal justice reform advocates focus on the critical need to reduce unjust pretrial detention, jurisdictions must commit to a range of policy changes that include, but also go beyond, risk assessments, says former Wisconsin Judge Jeffrey Kremers.
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USCIS Work Proposals Add To LGBTQ Asylum Seekers' Risks
Pending U.S. Citizenship and Immigration Services proposals to prolong employment ineligibility and charge for employment authorization documents would be particularly detrimental to already-vulnerable LGBTQ asylum seekers, says Richard Kelley at the DC Volunteer Lawyers Project.
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Understanding What Restorative Justice Is And Isn't
A hearing in the Jeffrey Epstein case featuring victim impact statements and a White House meeting between a hit-and-run driver and the victim's parents have been described as restorative justice, but the reality is more complex, says Natalie Gordon of DOAR.