Access to Justice

  • September 13, 2023

    Mass. Justices Hint At Individual Review Of Police Misdeeds

    Justices on Massachusetts' highest court signaled Wednesday that they do not view allegations of widespread police misconduct in a now-disbanded Springfield police narcotics unit in the same light as the state drug lab scandal that led to the dismissals of some 30,000 convictions.

  • September 13, 2023

    Prisons Bureau Chief Questioned On Reports Of Inmate Abuse

    The director of the U.S. Federal Bureau of Prisons faced questions from lawmakers on Wednesday about how the agency is working to address reports of sexual misconduct by inmates and employees following multiple investigations.

  • September 13, 2023

    Dem Sen. Peter Welch Blasts Possible Public Defender Cuts

    Years before coming to Congress, Sen. Peter Welch, D-Vt., was a public defender, and now he's raising the alarm about proposed cuts by the House and Senate to the federal public defender system, which he calls a "bedrock requirement" of the American judicial system.

  • September 12, 2023

    Rule Changes Could Slow Eviction Process In Michigan

    The Michigan court process for evictions is set to change in November, when several new and temporary tenant protections that could increase the amount of time it takes to evict a renter who is behind on bills will take permanent effect.

  • September 12, 2023

    Senate Bill Reintroduced To Address Judicial 'Emergencies'

    A bipartisan group of senators announced Tuesday they have reintroduced legislation to create 66 new district judgeships following the next two presidential elections in order to alleviate workloads on the courts.

  • September 12, 2023

    Public Defenders Are 'Dangerously' Overworked, Report Finds

    Public defenders face extremely heavy workloads that prevent them from providing effective legal representation to people accused of crimes, according to a new study published Tuesday.

  • September 11, 2023

    DOJ Awards $59 Million For Domestic Violence Programs

    The U.S. Department of Justice awarded nearly $58.9 million in grants to support survivors of domestic and dating violence, sexual assault and stalking, the agency announced.

  • September 08, 2023

    What A $1M Civil Rights Win Means For Police Accountability

    After helping win a $1.1 million verdict last month for a Staten Island man who said he was falsely arrested by three New York police officers, counsel on the case said the victory showed a growing receptiveness by jurors to give serious consideration to misconduct allegations.

  • September 08, 2023

    Clerical Snags Stymie Name Changes For Trans New Yorkers

    Despite a 2021 state law streamlining the legal process for changing names and genders in New York courts, advocates say clerical staff has created new obstacles for transgender people seeking to affirm their identities, even in a relatively progressive jurisdiction such as Manhattan.

  • September 08, 2023

    'Remarkable' 5th Circ. Ruling May Help End Felon Voting Bans

    After the Fifth Circuit recently labeled Mississippi's permanent disenfranchisement of felons an example of unconstitutional cruel and unusual punishment, advocates say the ruling could further efforts to end the practice elsewhere around the country, but critics counter that it conflicts with precedent and the U.S. Constitution.

  • September 08, 2023

    Morgan Lewis Helps Former Afghan Official, Family Flee To US

    Morgan Lewis & Bockius LLP attorneys worked for nearly two years to help a former Afghan government official and his family navigate the visa process and relocate to the United States.

  • September 08, 2023

    Two Wrongfully Convicted Men Win $20.5M From Louisville

    Two men who each spent about 22 years in prison for a murder but were later exonerated through DNA evidence will share a $20.5 million settlement from Louisville's government, attorneys for the men announced Friday.

  • September 08, 2023

    Biden Admin Settles Suit Over Afghan Asylum App Delays

    President Joe Biden's administration has agreed to adjudicate at least half of the pending asylum bids filed by Afghan applicants by October as part of a settlement resolving a proposed class action that accused the government of failing to meet its own timetable for those fleeing renewed Taliban rule.

  • September 07, 2023

    Atty Wellness Among NJ High Court's Equal Justice Initiatives

    The New Jersey Supreme Court has outlined new initiatives to ensure access to justice for people of color and other historically marginalized groups, including expanding efforts to support wellness for law professionals and leveraging technology to improve notice of and access to court language services.

  • September 07, 2023

    Del. Court Declines To Force Grand Jury Testimony Recording

    A Delaware appellate judge has ruled that despite what he agreed was a "marked unfairness for criminal defendants," he would not disturb a set of conflicting procedural rules requiring that defendants be given access to recordings of grand jury testimony while also largely preventing such recordings from being created in the first place.

  • September 05, 2023

    Major Settlement Aims To Change NYPD's Protest Response

    The New York Police Department on Tuesday has agreed to change its use of force policies in responding to protests as part of a settlement that will require it to use deescalation techniques and adopt a more nuanced approach to crowd control, according to papers filed in federal court.

  • September 01, 2023

    Okla. Courts To Expand Non-English Access Under DOJ Deal

    The Justice Department has struck a deal with the Oklahoma Supreme Court's administrative staff to provide more resources to individuals with limited English proficiency, resolving a 2021 complaint alleging the state's courts fail to provide adequate language interpretation in violation of the Civil Rights Act of 1964.

  • August 31, 2023

    Houston Man Sues Over Rule Classifying Defendants' Info

    A Houston man who distributes criminal defendants' contact information to private defense attorneys on Thursday sued the Harris County District Clerk and the administrative arm of the county's criminal courts over a new rule that makes certain defendant information private, arguing it threatens his direct mail business and violates his constitutional rights.

  • August 30, 2023

    Seattle Gets Eatery's Suit Over BLM Protest Zone Trimmed

    A Korean restaurant in Seattle can't move forward with claims that the city infringed on its constitutional rights by abandoning entire city blocks during Black Lives Matter protests in 2020 without specifying how the city's response created a "particularized danger" for the business, a Washington federal judge ruled this week

  • August 25, 2023

    Sentencing Commission Backs Retroactive Cuts For 1st Timers

    A divided U.S. Sentencing Commission has voted to retroactively apply changes to sentencing guidelines that will allow potentially thousands of defendants who were sentenced as first-time offenders to petition courts for a reduction in their prison terms. 

  • August 25, 2023

    4 Questions For The ABA's Next Criminal Justice Chair

    Tina Luongo, The Legal Aid Society of New York City's top criminal defender, is approaching their new position as chair of the American Bar Association's criminal justice section with an eye on issues like keeping prosecutors and public defenders in their jobs at a time of significant attrition.

  • August 24, 2023

    4th Circ. Says Treaty Doesn't Support Lithuanian's Extradition

    A split Fourth Circuit panel on Thursday revived a Lithuanian man's bid to avoid extradition, ruling that Lithuania did not comply with the terms of a treaty with the U.S. requiring it to provide a document showing that the man had been criminally judged.

  • August 23, 2023

    Bill Aims To Better Help Incarcerated People With Disabilities

    In a new piece of legislation, two Democratic lawmakers are seeking to provide more assistance and resources for people with disabilities who are in local, state and federal jails and prisons.

  • August 22, 2023

    Ex-Judges Say Abuser Disarmament Is Constitutional

    A group of former chief state judges is asking the U.S. Supreme Court to undo a Fifth Circuit decision holding that a law allowing the disarmament of domestic abusers violates the Second Amendment, saying the law and others like it serve to protect vulnerable people as well as the integrity of the courts.

  • August 17, 2023

    Washington Sued Over New Law On Shelter For Trans Youth

    Two anti-trans groups are suing the state of Washington in Seattle federal court over a new law that policymakers say is intended to ensure shelter for teens seeking gender-affirming care and reproductive health services, alleging that the measure tramples parents' "constitutional rights to direct the upbringing of their children."

Expert Analysis

  • Unfairness In Prisoner Litigation Is Baked Into Statute

    Author Photo

    Inmate litigants have a new hurdle to clear because of the U.S. Supreme Court's decision this month in Lomax v. Ortiz-Marquez, but the court merely did as Congress said in the Prison Litigation Reform Act, says David Shapiro at the Roderick and Solange MacArthur Justice Center.

  • Police Reform Must Also Address Federal Law Enforcement

    Author Photo

    The recently introduced Justice in Policing Act is an important step against police brutality, but without express accountability for federal agents, the bill fails to address a gaping hole in the law, says Cori Alonso-Yoder at the American University Washington College of Law.

  • Extended State Foster Care Is A Necessity During COVID-19

    Author Photo

    Foster children turning 18 in the midst of the pandemic are extremely vulnerable to homelessness and exploitation, so states have an obligation to issue moratoriums on discharging young adults from their care, says Alexandra Dufresne at Zurich University.

  • 'Unauthorized Practice Of Law' Rules Promote Racial Injustice

    Author Photo

    By prohibiting nonlawyer professionals from providing meaningful legal assistance, state rules on unauthorized practice of law guarantee that black Americans don't have equal opportunities and rights under the law, and every state supreme court and bar association has the duty to reform them, says Rohan Pavuluri at Upsolve.

  • COVID-19 Crisis Brings Opportunity To Improve Legal Aid

    Author Photo

    The legal community must figure out how to use the adaptations necessitated by the pandemic to permanently improve the legal services delivery model and narrow the justice gap, says Rebecca Rapp at Ascendium Education Group.

  • Illinois Must Do More To Protect Consumers In Debt

    Author Photo

    A recent Illinois Supreme Court order limiting debt collectors' ability to freeze personal bank accounts during the pandemic is progress, but it does not solve the underlying issue that debt courts are rigged against low-income people, says Ashlee Highland at CARPLS Legal Aid.

  • The Case Against Solitary Confinement During Pandemic

    Author Photo

    Prisons and corrections systems must ensure that medical isolation during the pandemic does not devolve into prolonged solitary confinement that unduly burdens the individual liberty of people behind bars, says Marc Levin at the Texas Public Policy Foundation.

  • Coping With A Pandemic: McCarter & English's Abdul Rehman

    Author Photo

    As society continues to adapt to COVID-19, Law360 is sharing reactions from around the business and legal community. Today's perspective comes from Newark-based Abdul Rehman Khan, pro bono fellow for the city of Newark at McCarter & English.

  • Legal Aid Needs Law Firm Support Now More Than Ever

    Author Photo

    With the need for pro bono services expected at unprecedented levels in the wake of the pandemic, and funding sources for legal aid organizations under severe stress, law firm leaders need to take measures to fill the gap, says Jeffrey Stone, chairman emeritus at McDermott.

  • Coping With A Pandemic: Cleveland Legal Aid's Colleen Cotter

    Author Photo

    As society continues to adapt to COVID-19, Law360 is sharing reactions from around the business and legal community. Today's perspective comes from Colleen Cotter, executive director at The Legal Aid Society of Cleveland.

  • Problems With Tolling The Speedy Trial Act During Pandemic

    Author Photo

    A plethora of federal courts have responded to social distancing requirements by entering blanket orders tolling compliance with Speedy Trial Act deadlines, but because there is no case-by-case analysis of their need and other factors, the orders raise questions about whether such tolling efforts are valid, say attorneys at Winston & Strawn.

  • Guantanamo 9/11 Trial Is A Failure

    Author Photo

    The Guantanamo military commissions — seemingly a contrived attempt to avoid federal criminal court and thereby insulate the CIA from the legal implications of its torture program — appear fatally flawed, so Congress should have the 9/11 defendants tried in civilian criminal court, says Patrick Doherty at Ropes & Gray.

  • Data Is Key To Stopping COVID-19 Spread In Prisons

    Author Photo

    There is an urgent need for state and county officials to publicly share accurate data about COVID-19 testing, infections and deaths in jails and prisons, so that effective, life-saving changes can be made to the criminal justice system, say criminologists Oren Gur, Jacob Kaplan and Aaron Littman.

  • A Proposal For Efficient Post-Pandemic Justice In New York

    Author Photo

    The litigation backlog in state courts due to COVID-19 will make swift, orderly and fair resolution of disputes almost certainly impossible, but thankfully in New York, there are three nontraditional avenues to justice that can inform a post-pandemic emergency tribunal, says Joseph Gallagher at Harris St. Laurent.

  • Downturn An Opportunity For Law Firms To Boost Pro Bono

    Author Photo

    While now hardly seems like the time for law firms to be volunteering their attorneys’ services, it is the right thing to do and a sensible investment that would likely not be made at any other time, says Martin Pritikin, dean of Concord Law School.

Can't find the article you're looking for? Click here to search the Access to Justice archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!