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Access to Justice
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November 03, 2023
DC Legal Aid Providers Revive Eviction Assistance Program
Legal Aid D.C., several legal service providers and 19 law firms across Washington, D.C., are relaunching an eviction assistance program after efforts to remove residents from their homes more than doubled this year, and as a COVID-19-era eviction moratorium ends, the group announced Thursday.
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November 01, 2023
Legal Aid Atty To Lead Criminal-Side Policy, Litigation Work
A New York Legal Aid Society attorney is taking charge of its criminal defense practice's special litigation unit amid the group's fight to challenge incarceration, policing and forensic practices, and push for policy reform.
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October 31, 2023
ABA Urges Justices To Review Inmate's Atty Abandonment
The U.S. Supreme Court should give a Texas man found guilty of a 2005 double homicide and abandoned by his attorney a "fair shot" at challenging his conviction by resolving a disagreement among federal circuit courts, the American Bar Association told the justices.
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October 30, 2023
Justices Wary Of Picking Standard For Post-Seizure Hearings
The U.S. Supreme Court on Monday appeared unsure about how far it should go in regulating civil forfeiture, a process used to seize private property during criminal investigations — one some of the justices acknowledged that state and local authorities sometimes abuse.
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October 27, 2023
The Unlikely Friendship Helping Drive NY Parole Reform Fight
Before she departed New York’s parole board out of frustration with the system in 2018, Carol Shapiro voted to release Jose Saldana after almost 40 years in prison for attempted murder. Since then, the pair have become good friends as they've united in working to reform New York’s approach to parole.
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October 27, 2023
Stradley Ronon Attys Win Release Of Wrongly Convicted Man
A three-year effort by Philadelphia-based Stradley Ronon Stevens & Young LLP attorneys led to the release this month of a 63-year-old man who was wrongly convicted of murder and spent 41 years behind bars.
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October 27, 2023
Helping Inmate Firefighters Go From Jailhouse To Firehouse
Several states that rely on prison inmates to fight fires make it nearly impossible for the ex-offenders to keep firefighting once they're released, so the former prisoners, along with lawyers and lawmakers, are turning to educational programs, lawsuits and legislation to help inmate firefighters become professional ones.
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October 27, 2023
Local Lawyers Step Up For National Pro Bono Week
Now in its 14th year, the American Bar Association-led Pro Bono Week seeks to mobilize attorneys across the legal industry to take up much-needed pro bono work. BigLaw firms and large corporate legal departments contribute tens of thousands of volunteer hours every year, but small firm attorneys and legal aid nonprofits find meaningful ways to make a difference too.
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October 27, 2023
Is The State Court System Setting Judges Up To Fail?
Around 98.5% of America’s legal disputes are filed in state courts, yet the judges tasked with deciding them are often appointed or elected to the bench without any formal judicial training. Here, Law360 explores the challenges for state court judges and efforts to better prepare them for the role.
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October 25, 2023
Venable Donates $250K To Unaccompanied Minor Legal Fund
The philanthropic arm of Venable LLP, the Venable Foundation, has awarded a $250,000 grant to the Kids in Need of Defense fund, an organization that provides legal services to migrant children who come to the country unaccompanied by or separated from their guardians, the firm announced Tuesday.
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October 24, 2023
NJ State Police Sued For Failing To Clear Expunged Records
The New Jersey State Police has failed to timely remove expunged criminal records from the background checks of tens of thousands of individuals, preventing them from getting jobs, housing and other opportunities, the state's Office of the Public Defender claims in a proposed class action.
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October 13, 2023
How Church's Ch. 11 Bid Could Shut Out Abuse Victims
Anticipating a flood of lawsuits from a new state law ending the statute of limitations on child sex abuse claims, the Archdiocese of Baltimore took refuge in bankruptcy court last month to shield itself from liability as it tries to ensure its solvency. It’s a strategy that dioceses around the country are using more frequently in what some attorneys say is a bid to escape the tort system.
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October 13, 2023
Snapshot: Police Union Casts NYPD Protest Deal Into Doubt
Approval of a settlement that could significantly change the way the New York Police Department handles protests has been thrown into doubt after the city's largest police union filed objections in Manhattan federal court last week.
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October 13, 2023
NY's Top Court To Decide Who Can Discipline Police
The New York State Court of Appeals will hear oral arguments this month in a case that could have statewide implications on who is entrusted to review complaints against police and impose discipline.
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October 13, 2023
Atty's Secret Courtroom Meeting May Upend NY Murder Case
A secret conversation held in an empty courtroom in New York’s Hudson Valley has left a judge, his clerk and a local attorney facing ethics questions that could result in a manslaughter conviction being tossed.
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October 13, 2023
Attys Spotlighted In HBO Documentary On Charlottesville Suit
A team of boutique and BigLaw attorneys and their clients are the stars of a documentary legal thriller that debuted on HBO this week capturing the battle they fought against the white nationalist forces that helped fuel 2017's deadly Unite the Right rally in Charlottesville, Virginia.
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October 13, 2023
Resolute Lawyers Help South Sudanese Dissident Win Asylum
Two Paul Hastings attorneys recently helped a South Sudanese peace activist and his family navigate a three-year bureaucratic odyssey to secure asylum in the U.S. following their escape from government hit squads in their home country.
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October 13, 2023
NY Court OKs Disclosure Of Past Police Misconduct Records
A New York state appeals court has ruled that a 2020 state action authorizing the public disclosure of police misconduct records can be applied retroactively, opening the door to more scrutiny of police actions that have previously been hidden from the public, court records show.
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October 12, 2023
Prosecutor Disbarred In Drug Lab Scandal Seeks Reprieve
A former Massachusetts assistant attorney general who was ordered disbarred by the state's highest court in August for failing to disclose evidence of misconduct by a state drug lab chemist is asking that her disbarment be imposed retroactively to 2018.
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October 05, 2023
Pot Legalization Doesn't Always Mean Justice, Report Says
A report from the Last Prisoner Project, a nonprofit advocating for criminal justice reform regarding cannabis, shows that equal justice doesn't always accompany the freedom to use the drug in states that have legalized it recreationally.
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October 10, 2023
5th Circ. Judge Airs Dissent In 'Alternative' Majority Opinion
A dissenting federal appellate judge took the seemingly unusual step of issuing a mock majority opinion this week to illustrate his disagreement with the actual majority ruling to keep a pause on a convicted murderer's execution in Texas, calling his decision "the Fifth Circuit panel opinion that should have been issued."
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October 04, 2023
Wash. Tribal Board To Study State's Boarding School History
Five members of Washington's tribal nations will lead an advisory committee aimed at studying how the state can address harms caused to Native Americans by the government's role in Native boarding schools, the state's attorney general says.
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October 02, 2023
Calif. Cities Sue To Block Pre-Arraignment Zero Bail System
Several cities sued the Los Angeles County Superior Court in California state court over its pre-arraignment zero bail system for arrestees detained for low-level offenses, alleging it doesn't consider public safety and emboldens criminals to seamlessly continue criminal activity "with impunity and with little actual imminent consequences."
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September 28, 2023
Federal Court Finds 'Psychotic' Texas Man Unfit For Execution
A federal judge has found that a Texas man with a long history of severe mental illness is unfit for execution under the Constitution, the latest episode in a long legal saga that included a ruling by the U.S. Supreme Court in the man's favor in 2007, his attorney told Law360 on Thursday.
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September 28, 2023
2 Philly Officers Sued Over Killing After 1 Beat Murder Rap
Fresh off of evading murder charges, Philadelphia Police Officer Mark Dial has been sued along with his partner for wrongful death by the family of Eddie Irizarry, who was shot and killed by Dial while sitting in his car in August.
Expert Analysis
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Reforming Public Defense Is Crucial For Criminal Justice
By resisting investment in public defender offices, states and counties are overlooking the best opportunity to ensure justice for vulnerable criminal defendants and ferret out police, prosecutors and judges who cut corners — but there is some movement on the ground that warrants cautious optimism, says Jonathan Rapping at Atlanta's John Marshall Law School.
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COVID-19 Crisis Should Steer NY Toward Better Court System
Over the last six months, it has become clear that many New York court proceedings can happen remotely, and we can use these new technological capabilities to create a more humane, efficient and economically responsible court system, says Joseph Frumin at The Legal Aid Society.
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Pretrial Risk Assessment Is Biased And Indefensible
The Conference of Chief Justices' continuing support for the use of problematic pretrial risk assessment algorithms designed to predict criminal behavior has exacerbated disparities in the justice system and has likely increased incarceration across the U.S., says Jeffrey Clayton at the American Bail Coalition.
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To Eliminate Food Inequality, We Must Confront The Past
To tackle low-income communities' decadeslong struggle with access to healthy food, which the COVID-19 crisis has exacerbated, we must first understand how food deserts are a product of policies that perpetuate racial segregation, says Jessica Giesen at Kelley Kronenberg.
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Cincinnati's Progress Can Be A Model For 2020 Police Reform
Cincinnati has come a long way since the 2001 unrest following the police killings of two unarmed Black men, and the city's comprehensive revision of police practices can inform local and state policymakers seeking a way forward from the current turmoil, says former Cincinnati Mayor Charlie Luken now at Calfee Halter.
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Legal Deserts Threaten Justice In Rural America
Many small towns and rural counties have few lawyers or none at all, which threatens the notion of justice for all Americans and demands creative solutions from legislators, bar associations and law schools, says Patricia Refo, president of the American Bar Association.
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Uncertainties In Gerrymandering Jurisprudence Are Unfair
With the decennial census underway and the corresponding redistricting cycle closely approaching, it is critical that we examine the current state of gerrymandering jurisprudence and how those challenging a redistricting plan as racially motivated have very little recourse, says Tal Aburos at Levine Kellogg.
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Minn. Should Consider Another Charge In George Floyd Case
The Minnesota prosecutors who have charged Derek Chauvin with felony murder for the death of George Floyd are running the risk that the case will be dismissed on solid but esoteric grounds — while ignoring a different murder charge that would stand up to legal scrutiny, says Kyron Huigens at the Benjamin N. Cardozo School of Law.
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US Has A Legal Obligation To Provide Reparations For Slavery
The United States can no longer foreclose the possibility of recompense for African American victims of its legacy of racism while maintaining its international leadership on such issues as human rights and respect for the rule of law, say Arif Ali and David Attanasio at Dechert and Camilo Sanchez at the University of Virginia School of Law.
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How We Can Equip Our Future Lawyers To Confront Injustice
Law professors must fill gaps in the U.S. legal curriculum by teaching cases and legal theories that can help students understand how the legal system and institutional structures perpetuate inequalities, says Jocelyn Getgen Kestenbaum at the Benjamin N. Cardozo School of Law.
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NY Ethics Rule Change Is Good News For Public Interest Attys
Lawyers have always bumped up against a professional conduct rule that prevents them from providing financial help to low-income clients, but New York's pandemic-prompted exception to the rule is a positive step toward mitigating the many hidden expenses that separate rich and poor litigants, say Sateesh Nori and Anita Desai at the Legal Aid Society.
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History Tells Us Black Americans Need Better Legal Protection
Eliminating the legacy of slavery will not be the work of a day or a year, but there are concrete measures Congress can and should take immediately to extend the protection of the law to all Americans, says Jeff Powell at Duke University School of Law.
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Okla. Offers Glimpse Of Eviction Challenges Amid Pandemic
Even in a small state such as Oklahoma, one of the first to reopen amid the pandemic, courthouses are facing the herculean challenge of conducting an escalating number of eviction cases under great restrictions — and it will be worse in larger states, says Keri Norris at LegalShield.
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Police Reform Should Curtail, Not Codify, Qualified Immunity
The Justice in Policing Act passed by the House last week and intended to roll back qualified immunity protections for police officers is not perfect, but it is progress compared to the failed Reforming Qualified Immunity Act that would have clandestinely strengthened the barriers shielding officers from liability, says Edward Ibeh at Akerman.
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How Attys Can Help As Addiction Cases Rise Post-Pandemic
The increase in alcohol and drug consumption during the pandemic is predicted to result in an influx of legal cases, but attorneys can establish a solid defense by ensuring their clients begin the journey to recovery, says Sue Bright at New Directions for Women.