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Access to Justice
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March 29, 2023
Justices Eye Fix To Co-Defendant Confession Rule
Some U.S. Supreme Court justices suggested Wednesday that courts should consider a trial's broader context when deciding whether jurors can see a co-defendant's redacted confession, suggesting a bright-line approach leads to nonsensical results.
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March 28, 2023
Justices Doubtful On Tying Judges' Hands In Gun Sentencing
The U.S. Supreme Court on Tuesday appeared skeptical about the government's view that criminal defendants convicted under a particular provision of the federal firearms statute must receive consecutive sentences when also convicted of other crimes.
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March 28, 2023
Law360's 2023 Access To Justice Editorial Advisory Board
Law360 is pleased to announce the formation of its 2023 Access to Justice Editorial Advisory Board.
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March 24, 2023
Pandemic Exposed Excessive NY Child Removals, Attys Argue
A feared spike in child mistreatment amid New York City's pandemic lockdown, as the city’s child welfare system nearly shut down, never happened. In a study published last week, advocates say that proves the system regularly removes far more children from their families than necessary.
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March 24, 2023
Inside The Settlement Over ICE's 'Steak Out' Raid In Tenn.
Nearly five years after federal agents stormed a Tennessee meatpacking plant and arrested over 100 Latino workers, U.S. government agencies agreed to pay nearly $1.2 million in damages to settle a class action accusing the officers of targeting the employees on the basis of their ethnicity and using excessive force. Lead attorneys for the plaintiffs broke down the case for Law360.
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March 24, 2023
Black Miss. Judges Speak Out Against GOP Court Overhaul
Mississippi’s Republican-controlled and majority white state Legislature is pushing to install new, unelected judges in Jackson, the majority Black state capital — but Jackson’s elected Black judges are pushing back.
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March 24, 2023
Homer Plessy's Anti-Segregation Legal Fight Gets New Coda
A book about the unlikely friendship between descendants of the opposing parties in the U.S. Supreme Court's infamous Plessy v. Ferguson case upholding racial segregation has been updated to include a new coda: the recent move to pardon Homer Plessy for having boarded a whites-only train in 1892.
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March 24, 2023
How Legal Aid Groups Are Using Artificial Intelligence Tools
Legal tech companies Casetext and Relativity have partnered with several legal aid organizations to give them access to their artificial intelligence tools. Here is a look at how these groups are using the tools and what it means for access to justice.
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March 23, 2023
Mich. High Court Mulls New Rule That Helps Indigent Clients
The Michigan Supreme Court is eyeing a change to the state's rules of professional conduct that would allow attorneys to help certain clients out with transportation and other amenities during court proceedings, potentially furthering the court's recent focus on increasing access to justice in the state.
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March 23, 2023
Reed Smith's Sachnoff Remembered As Pro Bono Icon
The Chicago legal community is mourning the loss of longtime Reed Smith LLP attorney Lowell Sachnoff while celebrating his impact, which ranged from passionately advocating for the rights of transgender people and for prisoners held at Guantanamo Bay to mentoring generations of young lawyers he affectionately called his "ducklings."
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March 22, 2023
Pa. Gov. Calls For State-Level Public Defender Funding
Gov. Josh Shapiro urged members of the Philadelphia Bar Association on Wednesday to support dedicating $10 million of his $44 billion budget proposal to end Pennsylvania's distinction as being the only state to not provide state-level funding to public defenders.
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March 21, 2023
Bipartisan Report Recommends Axing Mandatory Minimums
A new study co-chaired by Sally Yates, the Obama administration's former deputy attorney general, and former Republican Congressman Trey Gowdy recommends doing away with mandatory minimum sentences and increasing parole opportunities to cut down on long prison sentences, which they say are often wasteful and ineffective.
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March 17, 2023
Georgetown Tech Program To Begin In Tenn., Utah, Kan.
The Georgetown University Law Center has announced the first three court projects selected for its inaugural Judicial Innovation Fellowship, which will embed technologists and software designers in state, local and tribal courts to develop tech-based solutions to improve access to the judicial system.
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March 10, 2023
Stoel Rives, Dorsey Attys Break Ground For Minn. Detainees
In a win for two Minnesota Sex Offender Program patients left waiting for more than two years after being deemed eligible to move out of lockdown confinement, attorneys at Stoel Rives LLP and Dorsey & Whitney LLP recently secured a significant ruling requiring speedier state action on court-ordered transfers.
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March 10, 2023
Attys Work To Take The 'Civil' Out Of Civil Forfeiture
A case pending before the Nevada Supreme Court is the latest in a nationwide battle to try and make civil forfeiture, a process through which the government can seize property from criminal defendants, a part of criminal court proceedings. Critics of civil forfeiture say that conducting seizures through separate civil cases violates double jeopardy and due process protections, and deprives those facing forfeiture of legal representation.
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March 10, 2023
NY Lawmakers Renew Push To Ban 'Predatory' Court Fees
New York levies a mandatory surcharge on every criminal conviction, whether it’s for a violation, a misdemeanor or a felony. In some cases, court fees can add up to hundreds of dollars, and critics say the levies fall disproportionately on the backs of low-income residents. A proposed bill would eliminate them.
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March 08, 2023
Senate Votes Down DC's Revised Criminal Code
The U.S. Senate voted Wednesday 81-14-1 to block Washington, D.C.'s revised criminal code from taking effect, a move that would leave in place a 122-year-old code that's been described as unclear and piecemeal, and highlights the district's unique hurdles to self-governance.
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March 08, 2023
Conn. Court Axes Class Action Over State's 'Pay To Stay' Law
A federal judge in Connecticut on Monday told three former inmates they had no standing to challenge the state's attorney general over a controversial law that allows the state to sue prisoners for the costs of their incarceration.
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February 24, 2023
Retired Atty's Fight To Help End DC Driver License Penalties
After retiring in 2018 from several decades of government work, a former U.S. Department of Labor attorney found a new opportunity to serve the public as he recently helped mount a successful challenge to a Washington, D.C., rule barring individuals with unpaid fines from obtaining or renewing driver licenses.
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February 24, 2023
ICE, Prison Co. Targeted Detainee Hunger Strikers, Suit Says
Staff at two U.S. Immigration and Customs Enforcement detention facilities in California regularly retaliated against migrant detainees for engaging in hunger strikes, including by denying them basic hygiene supplies and threatening solitary confinement, a new lawsuit alleges.
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February 24, 2023
New Law Helps Lathrop, Bryan Cave Win Mo. Exoneration
Relying on a recently passed state law giving prosecutors new authority to challenge wrongful convictions, attorneys with Lathrop GPM and Bryan Cave Leighton Paisner won a ruling this month exonerating a St. Louis man following a 1995 murder conviction they said had been marred by false testimony.
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February 24, 2023
Inside The Fight To Update DC's Criminal Code
As the District of Columbia prepares to enact a wholly revised criminal code to replace its jumbled set of statutory provisions cobbled together over 122 years, critics and congressional Republicans are objecting to a handful of provisions, including an end to most mandatory minimum sentences and reduced maximum sentences for certain violent offenses, insisting they would embolden criminals.
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February 24, 2023
How Baton Rouge Activists Won A Rare Civil Rights Settlement
Activists who accused the Baton Rouge police of brutalizing them at a 2016 protest faced long odds as they sought to hold the department accountable. But two veteran civil rights attorneys helped secure the group a rare $1 million settlement this month as a two-week jury trial neared its conclusion.
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February 24, 2023
Law360 Seeks Members For Its 2023 Editorial Boards
Law360 is looking for avid readers of our publications to serve as members of our 2023 editorial advisory boards.
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February 22, 2023
Justices Say Ariz. Got Death Penalty Due Process Wrong
The U.S. Supreme Court on Wednesday said Arizona high court justices so wrongly interpreted the state's criminal procedure rules that federal review was warranted, in a death penalty appeal that spurred a 5-4 divide among the justices.
Expert Analysis
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Ivory Coast War Crime Acquittals Fuel Skepticism Of ICC
The acquittals last month of the former president of the Ivory Coast and a political ally add to the recent string of failures by the International Criminal Court to obtain convictions for accused war criminals. The decision is drawing attention for a number of reasons, say Viren Mascarenhas and Morgan Bridgman of King & Spalding LLP.
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Why Review Title VII Exhaustion Requirements At High Court?
In Fort Bend County v. Davis, the U.S. Supreme Court will decide whether exhaustion of administrative remedies under Title VII is required before a court can exercise jurisdiction over a case. But many are wondering what practical difference, if any, the eventual outcome will make, says Carolyn Wheeler of Katz Marshall & Banks LLP.
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Barr Could Steer First Step Act Off Course
The recently enacted First Step Act makes significant strides toward reforming the federal criminal justice system. However, if attorney general nominee William Barr is confirmed, his oversight could render the law almost ineffectual, says Lara Yeretsian, a Los Angeles-based criminal defense attorney.
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Civil Legal Aid's Essential Role In Wildfire Response
Wildfires and other natural disasters present a wide range of often unanticipated civil legal challenges. Disaster survivors should be able to turn to "second responders" from the legal community to preserve their rights, say John Levi of the Legal Services Corp. and Robert Malionek of Latham & Watkins LLP.
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How To Stop Civil Jury Trials From Becoming Extinct
If we wait to take action until we identify all the reasons civil jury trials are in decline, trials might disappear altogether. Let's address the causes we've already identified using these important jury innovations, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.
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Stripping The False Premises From Civil Justice Problems
When I began researching access to justice in 2004, there were two settled beliefs about civil justice problems so obvious that few bothered to investigate them. Both turned out to be false, says Rebecca Sandefur, associate professor of sociology and law at the University of Illinois at Urbana-Champaign.
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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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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.