Expert Analysis

• Indefinite Migrant Detention Without Review Is Kafkaesque

  

  In two recently argued U.S. Supreme Court cases, the government's position that detained migrants can't demand an immigration judge review their confinement, but can instead file a habeas petition in federal court, reads like a work of Kafka, offering only the illusion of access to a hearing before a neutral fact-finder, says César García Hernández at Ohio State University.

• 2 Worthy Goals For The DOJ's New Domestic Terrorism Unit

  

  The U.S. Department of Justice’s newly announced Domestic Terrorism Unit should include both counterterrorism and civil rights prosecutors, and would benefit from a criminal statute that is modeled after international terrorism laws and that strikes a balance between protecting the public and constitutional rights, say Emil Bove and Brittany Manna at Chiesa Shahinian.

• Justice Reforms Are Not To Blame For Waukesha Tragedy

  

  Last month's parade attack in Wisconsin has brought into focus the fact that the accused was out of jail on a low bond — but this tragedy must not be exploited to reverse years of long-overdue criminal justice reform, when emerging data shows that new prosecutorial models are associated with better outcomes than an overly punitive approach, says Alissa Marque Heydari at John Jay College.

• Addressing Prison Risk After CARES Act Home Confinement

  

  Home confinement eligibility, which was expanded last year due to high rates of COVID-19 in penal institutions, may soon be tightened, so house-detained individuals at risk of returning to prison should understand their various avenues for relief, as well as the procedural obstacles they may face in mounting legal challenges, say Charles Burnham and Jonathan Knowles at Burnham & Gorokhov.

• We Must Help Fix Justice Gap In Georgia's Legal Deserts

  

  In much of rural Georgia, there are too few lawyers to meet residents’ urgent legal needs, forcing self-represented litigants to navigate an impenetrable system, but courts, law firms and nonlawyers can help address these legal deserts in various ways, says Lauren Sudeall at Georgia State University College of Law.

• Reimagining Courthouse Design For Better Access To Justice

  

  While courthouse design has historically been driven by tradition, it is time to shift from the classical courthouse to spaces that are accessible to those with mobility challenges, serve the needs of vulnerable litigants, and accommodate pandemic-era shifts toward remote and hybrid proceedings, says architect Clair Colburn at Finegold Alexander.

• Why Law Schools Should Require Justice Reform Curriculum

  

  Criminal defense attorney Donna Mulvihill Fehrmann argues that law schools have an obligation to address widespread racial and economic disparities in the U.S. legal system by mandating first-year coursework on criminal justice reform that educates on prosecutorial misconduct, wrongful convictions, defense 101 and more.

• Attorneys, Fight For Enviro Justice With Both Law And Protest

  

  In this moment of climate crisis, lawyers can and should use law and protest in tandem — from urging law firms to stop serving the fossil fuel industry to helping draft laws that accelerate the transition to a sustainable way of life, says Vivek Maru at Namati.

• One-Subject Rule Strategy Can Defeat Dangerous State Laws

  

  Attorneys at Ulmer & Berne explain how single-subject rule violation claims can thwart certain unconstitutional or controversial state statutes and protect civil rights in the face of state governments under one-party rule.

• States Must Rethink Wrongful Conviction Compensation Laws

  

  States, counties and municipalities have now paid over $3 billion in judgments or settlements to exonerees, while policymakers lack comprehensive data on official misconduct and financial costs — but rethinking state compensation statutes can curb the policies and practices that cause wrongful convictions in the first place, says Jeffrey Gutman at George Washington University.

• Police And Voting Reform Need Federal Remedy, Not Takeover

  

  The debate over what level of government should hold sway is central to today's impasse over voting rights and police reform legislation, but anchoring the conversation in the U.S. Constitution can create the common ground of tailored federal remediation that also preserves traditional state and local functions, says Marc Levin at the Council on Criminal Justice.

• 8th Circ. Ruling Further Narrows Qualified Immunity

  

  The recent Eighth Circuit ruling in Intervarsity Christian Fellowship/USA v. University of Iowa seems to align with a growing body of case law suggesting that government officials may have a harder time obtaining qualified immunity for their actions if they involve calculated choices to enforce unconstitutional policies, says Thomas Eastmond at Holland & Knight.

• 6 Ways To Improve Veterans' Access To Civil Legal Aid

  

  Veterans often lack adequate help when confronting civil legal issues such as evictions, foreclosures and child custody disputes, so legal aid organizations should collaborate with veteran-serving programs and state and local governments to offer former military members better access to legal resources, say Ronald Flagg at Legal Services Corp. and Isabelle Ord at DLA Piper.

• Better Civil Legal Resources Are Key To Justice For All

  

  Fulfilling the promise of equal justice requires disruptive change to the civil legal system, where millions of Americans lack adequate resources and information — and attorneys have many opportunities to help their states build the tools necessary to navigate civil disputes, say retired California Judge Laurie Zelon and Michigan Chief Justice Bridget Mary McCormack.

• User Feedback Is Key To Running Virtual Diversion Programs

  

  Judicially led diversion programs have adapted to the COVID-19 era by providing services online, but recent research points to a disconnect between practitioner and participant perspectives, showing that soliciting user input is crucial to success, says Tara Kunkel at Rulo Strategies.