Access to Justice

  • July 10, 2023

    'Patently Unsafe': Latest Report Details Violence At NYC Jails

    A video showing confrontational officers played at a new recruit ceremony and posted publicly on May 19. (Court Documents)

  • July 07, 2023

    'The Wire' Creator Urges Leniency In Actor's Fentanyl Death

    The co-creator behind the HBO drama series "The Wire" urged a New York federal judge to show compassion to one of the men who pled guilty in the overdose death of Michael K. Williams, saying the actor's own stance against mass incarceration and the drug war spurred his letter.

  • July 07, 2023

    From Felon To Firm Owner, Mass. Atty Aids Inmate IP Pursuits

    After opening up about his own criminal background and his unconventional path into the legal industry, intellectual property lawyer Keegan Caldwell is now helping incarcerated and formerly incarcerated people file patent applications.

  • July 07, 2023

    Justices Eye Intersection Of Domestic Violence, Gun Rights

    In the fall, the U.S. Supreme Court will hear a case centering on the intersection of gun rights and domestic violence. Legal experts say it could be one of several cases involving the Second Amendment the court will be called to decide following its landmark ruling on gun rights last year.

  • July 07, 2023

    As States Purge Medicaid Rolls, Legal Aid Groups Step Up

    With millions of Americans expected to lose Medicaid coverage as states review benefit eligibility following the end of COVID-19 pandemic-related protections, legal aid organizations are working to raise awareness, help people appeal terminations of coverage and educate beneficiaries about their rights.

  • July 07, 2023

    Sheppard Mullin Helps Afghans Put Down New Roots In Calif.

    Attorneys at Sheppard Mullin Richter & Hampton LLP are helping Afghan refugees who have supported U.S. interests in Afghanistan and resettled in the San Diego area win asylum so they can stay in the United States permanently. Here, Law360 speaks with Sheppard Mullin partner Elizabeth S. Balfour and associate Matthew Rebelo about the firm's ongoing efforts.

  • July 07, 2023

    BigLaw Attorneys On Navigating LGBTQ Asylum Cases

    Taking on asylum cases for LGBTQ immigrants can truly be life-or-death in many cases, with asylees facing persecution, criminalization and even death as a result of their sexual orientation and gender identity in their home countries.

  • July 07, 2023

    Sick Prisoner Claiming Inadequate Care Seeks Release

    A man serving 18 years in prison after collecting more than $9 million from Medicare and Medicaid while banned for fraud urged a New Jersey federal judge to release him early, claiming the U.S. prison system can't manage his severe medical needs.

  • July 07, 2023

    Latham Partners Help Legal Aid DC Launch Endowment

    A new $5 million endowment established by Legal Aid DC, with the help of supporters including Latham & Watkins LLP, will boost efforts to provide services to low-income residents, in a move that aims to ensure long-term financial stability in times of uncertainty.

  • July 06, 2023

    Probe Finds Failure To Punish 'Torture,' Racism In Ill. Prison

    The Federal Bureau of Prisons has failed to punish administrators of a high-security federal penitentiary in Illinois for what have been described as acts of torture and a culture of "rampant racism," according to a report released Thursday by advocates for inmate rights.

  • July 03, 2023

    Law360 Podcasts Untangle A Week Of Blockbuster Rulings

    The U.S. Supreme Court wrapped up its term last week with a series of blockbuster rulings striking down affirmative action and the government's ambitious plan to eliminate billions of dollars in federal student loan debt, and siding with a website designer opposed to same-sex weddings and a religious former postal worker seeking workplace accommodations.

  • July 03, 2023

    NJ Gets Rid Of Public Defender Fees With New Law

    New Jersey residents will no longer have to pay fees, liens and warrants issued for public defender services in the state, thanks to a bill newly signed into law by Gov. Phil Murphy.

  • June 30, 2023

    Justices Pass On Acquitted Conduct Review — For Now

    The U.S. Supreme Court on Friday declined to take up several cases challenging the practice of acquitted conduct sentencing as the U.S. Sentencing Commission reassesses the controversial practice, but multiple justices made it clear that future high court review may be in the cards.

  • June 30, 2023

    High Court To Look At Gun Rights In Domestic Violence Cases

    The U.S. Supreme Court on Friday said it will rule on whether a federal law forbidding people subject to domestic violence restraining orders from possessing firearms violates the Constitution, one year after issuing a landmark decision that expanded gun rights.

  • June 29, 2023

    6th Circ. Says Private Juvenile Lockup Must Face Death Suit

    A split panel of the Sixth Circuit has reversed a Michigan federal judge's dismissal of a civil rights case brought against a private juvenile detention center operator, with the majority ruling that the complaint over a teenage detainee's suicide sufficiently alleged that the company is a state actor.

  • June 28, 2023

    Are Attys Being Held Accountable For Client Sexual Contact?

    When the Missouri Supreme Court recently declined to disbar an attorney accused of sexually assaulting his clients, it was not an anomaly. A Law360 investigation of attorney discipline records found that of more than 100 attorneys disciplined for having sexual contact with clients, the vast majority were allowed to keep their law licenses.

  • June 28, 2023

    ACLU Wants NJ To Push Forward On Incarceration Reforms

    The American Civil Liberties Union of New Jersey urged state officials on Wednesday to continue efforts to decrease incarceration by eliminating mandatory minimum sentences, expanding clemency and compassionate release, and decriminalizing drug offenses.

  • June 28, 2023

    NJ Judge Forced To Quit For Airing Bias Concerns, Suit Says

    A New Jersey municipal judge suffered retaliation in the form of lost disability accommodation and was forced to resign after he made widely publicized allegations that local courts discriminated against Hispanic defendants, the jurist alleges in a new lawsuit.

  • June 23, 2023

    Atty Bias Eyed As New Path For Mass. Conviction Challenges

    A recent Massachusetts high court decision to toss a Black Muslim man's conviction based on his defense attorney's racist and xenophobic online posts is being hailed as a win for racial justice, and advocates say it could lead to other cases being challenged on grounds of bias by appointed counsel.

  • June 23, 2023

    More Cases Involving Convicted Ex-Cops Axed In Manhattan

    While the Manhattan District Attorney's Office announced this month that it would throw out over 300 mostly misdemeanor convictions tied to discredited New York City cops, information gathered by local advocates suggests prosecutors have a long road ahead of them in accounting for damage done by police officers they no longer trust.

  • June 23, 2023

    New Maine Law Protects Atty-Client Privilege In Jail Calls

    The Maine Legislature approved a bill this week that seeks to protect attorney-client privilege for incarcerated people using jail phones. The legislation came in response to outrage over recent revelations that authorities had eavesdropped on confidential calls at several jails in the state.

  • June 23, 2023

    How Simpson Thacher Beat Kansas Vote-By-Mail Restrictions

    When Kansas lawmakers enacted legislation that made it a crime for out-of-state groups to send mail-in ballot applications to voters, attorneys with Simpson Thacher & Bartlett LLP sprang into action and recently notched a major First Amendment victory in challenging the law.

  • June 23, 2023

    Minnesota Joins Prosecutor-Led Resentencing Law Movement

    Joining a growing number of states beginning with California in 2018, a newly adopted law in Minnesota is set to give prosecutors a chance to ask courts to resentence convicted criminals who have shown rehabilitation during their time in prison.

  • June 23, 2023

    DC Circ. Judge Tatel To Join Hogan Lovells' Litigation Practice

    After serving for 29 years, Senior D.C. Circuit Judge David S. Tatel will step down from the bench in August to join Hogan Lovells' litigation practice in Washington, where he'll focus on pro bono work.

  • June 23, 2023

    Justices Side With Gov't Over Use Of Redacted Confessions

    The Supreme Court ruled in a split decision Friday that a criminal defendant's constitutional rights were not violated when the trial judge allowed prosecutors to admit into evidence the confession of a non-testifying codefendant, since the defendant's name was redacted and jurors were given limiting instructions.

Expert Analysis

  • The Criminal Justice System's Algorithms Need Transparency

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    Trade secret protections for pretrial risk assessment algorithms must be eliminated, or else criminal defendants will be unable to challenge or even examine the data being used to keep them incarcerated, says Idaho state Rep. Greg Chaney, whose bill forcing algorithmic transparency recently passed the Idaho Legislature.

  • How Do We Know If Prosecutors Are Doing A Good Job?

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    From Special Counsel Robert Mueller to Chicago prosecutor Kim Foxx, prosecutors are receiving plenty of negative attention in the news, but there is no clear standard for judging prosecutor performance, says Jeffrey Bellin, a professor at William & Mary Law School.

  • The Gig Economy Can Bring More Legal Aid At Lower Cost

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    Many people in the United States are not getting the legal help they need, and at the same time many lawyers are struggling to find employment. A legal services gig economy could benefit both lawyers and clients, but it must be implemented without disrupting the existing market, says Adam Kerpelman of Juris Project.

  • Coercive Process For Material Witnesses Needs Reform

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    The current application of the material witness statute is deeply flawed and antithetical to the fundamentals of American criminal justice, say attorneys with Buckley LLP.

  • Don't Overlook First Step Act Pilot Programs

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    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.

  • Good Intentions Don't Justify Denying Juveniles' Right To Trial

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    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.

  • Sentencing Data Raise Major Questions About Guidelines

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    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.

  • A Critical Crossroad In The Campaign To Close Rikers

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    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.

  • The Cambodia Case And Complexity Of Genocide Prosecution

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    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.

  • Rumors Of Civil Forfeiture's Death Are Greatly Exaggerated

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    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.

  • Ivory Coast War Crime Acquittals Fuel Skepticism Of ICC

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    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.

  • Why Review Title VII Exhaustion Requirements At High Court?

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    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.

  • Barr Could Steer First Step Act Off Course

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    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.

  • Civil Legal Aid's Essential Role In Wildfire Response

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    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.

  • How To Stop Civil Jury Trials From Becoming Extinct

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    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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