Access to Justice

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

  • 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."

  • 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.

  • 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.

  • September 27, 2023

    Civil Rights Attys Tell 4th Circ. Prisoners Owed Min. Wage

    A group of civil rights, anti-poverty and employment law groups urged the Fourth Circuit to revive claims that Baltimore County is obliged to pay minimum wages for work that county jail inmates perform at a recycling plant, arguing the work is profit-driven rather than rehabilitative.

  • September 27, 2023

    Bipartisan Bill Seeks To Address Nationwide Rape Kit Backlog

    A pair of congressional representatives from rival parties on Wednesday announced the introduction of a bill that would increase accountability and transparency on rape kits that have been piling up in police storage across the country.

  • September 25, 2023

    Ill. Woman Wins $19.3M From Jury In Prison Sex Abuse Case

    An Illinois federal jury has awarded more than $19 million to a woman who alleged her counselor raped and sexually assaulted her for seven months while she was serving a prison sentence at Logan Correctional Center.

Expert Analysis

  • Okla. Offers Glimpse Of Eviction Challenges Amid Pandemic

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    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.

  • Police Reform Should Curtail, Not Codify, Qualified Immunity

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    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.

  • How Attys Can Help As Addiction Cases Rise Post-Pandemic

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    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.

  • We Must Do Better Than Hasty Police Reforms

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    Lawmakers are racing to enact police legislation in response to the killings of George Floyd and Breonna Taylor, but this once-in-a-generation opportunity cannot be squandered by hastily drafted bills and rushed changes, says Marisa Darden at Squire Patton.

  • Unfairness In Prisoner Litigation Is Baked Into Statute

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

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