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Access to Justice
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January 30, 2023
Mass. Launches Abortion Hotline Staffed By BigLaw, ACLU
A group of 150 attorneys from some of the largest Massachusetts law firms and the ACLU will provide free legal advice about abortion access to patients and health care providers through a new confidential hotline, state Attorney General Andrea Joy Campbell said Monday.
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January 20, 2023
Panel Urges Legal Reformers To Include Community Groups
Lawyers and judges need to include consumers and community-based organizations in their design- and decision-making process for implementing legal regulatory reform, according to a panel at the Legal Services Corp.'s Innovations in Technology Conference on Friday.
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January 20, 2023
Latham, Davis Polk Help Free Domestic Violence Survivor
Jacqueline Smalls had two active orders of protection against her physically abusive boyfriend when she said he entered her Schenectady, New York, home in 2012. Fearing for her life, she fatally stabbed him.
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January 20, 2023
Crowell & Moring Takes Murder Conviction Fight To Justices
Following a recent setback before a federal appeals court in their nearly 15-year fight to clear a Florida man of murder charges, a team of Crowell & Moring LLP attorneys is asking the U.S. Supreme Court to side with claims that prosecutors withheld key evidence in their client's case.
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January 20, 2023
Panel Urges Landlord, Court Collaboration To Divert Evictions
The success of any court-based program aimed at slowing down or preventing evictions depends on strategic communication with landlords and courts, in addition to tenants, according to a recent panel on eviction diversion programs across the country.
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January 20, 2023
Could This Case Help Upend The Death Penalty In Oklahoma?
Convicted murderer Richard Glossip is set to be executed in Oklahoma next month, but doubts about his guilt and allegations of police incompetence and prosecutorial misconduct are leading some in the state to reconsider not just his case but the death penalty itself.
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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.Â
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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.
Expert Analysis
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Don't Overlook First Step Act Pilot Programs
Much attention has been paid to certain First Step Act reforms and their impacts on those serving prison sentences, but two less-heralded programs created by the law could drastically reduce sentences for large swaths of the current prison population, say Addy Schmitt and Ian Herbert of Miller & Chevalier Chtd.
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Good Intentions Don't Justify Denying Juveniles' Right To Trial
Sixth Amendment jury trial provisions do not apply to juveniles because their proceedings are considered rehabilitative. But by any definition, the proceedings and “sentences” juveniles face are certainly “criminal.” State courts should interpret their own state constitutions to give juveniles this fundamental right, says University of Illinois College of Law professor Suja Thomas.
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Sentencing Data Raise Major Questions About Guidelines
A 30-city report by the U.S. Sentencing Commission sheds new light on the prevalence of unwarranted sentencing disparities in federal cases, and should get more attention from prosecutors, defense attorneys, judges and the public, says Stephen Lee of Benesch Friedlander Coplan & Aronoff LLP.
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A Critical Crossroad In The Campaign To Close Rikers
In an initiative that could set new standards for jail reform across the country, New York City is seeking to shut down Rikers Island. Although remarkable progress has been made, the year ahead will be decisive, say Judge Jonathan Lippman and Tyler Nims of the Independent Commission on NYC Criminal Justice and Incarceration Reform.
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The Cambodia Case And Complexity Of Genocide Prosecution
A recent ruling in Cambodia marked the end of an onerous, nine-year-long proceeding in which over $300 million was spent and only three former Khmer Rouge officials were sentenced. For some, the convictions brought closure, but others believed the trial to be a colossal failure of justice, say Viren Mascarenhas and Morgan Bridgman of King & Spalding LLP.
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Rumors Of Civil Forfeiture's Death Are Greatly Exaggerated
While the U.S. Supreme Court's decision in Timbs v. Indiana ought to be celebrated by the civil forfeiture bar, it should not be viewed as a sea change — for three reasons, says Alexander Klein of Barket Epstein Kearon Aldea & LoTurco LLP.
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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.