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Access to Justice
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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June 22, 2023
5th Circ. Axes Challenge To Louisiana Bail System
The Fifth Circuit has sent a Louisiana lawsuit that challenged bail practices in the state back to district court for dismissal, ruling that because relevant challenges were still possible on the state level, the lower federal court had moved too fast when it denied relief.
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June 22, 2023
Justices Say No Habeas For Retroactively Innocent Inmates
The U.S. Supreme Court ruled Thursday that federal prisoners are barred from petitioning federal courts to get their sentences overturned after new case law makes them retroactively innocent, dealing the latest blow to a legal process known as habeas corpus.
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June 20, 2023
Young Thug Trial Illustrates System's Strain On Jurors
Prospective juror No. 1,616 sits in the witness box of the downtown Atlanta courtroom and tells the judge he has three children, ages 2, 4 and 6, making it especially difficult for him to serve in what is expected to be Georgia's longest trial.
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June 16, 2023
Justices Say Gun Crime Sentences Can Run Parallel To Others
The U.S. Supreme Court on Friday unanimously ruled that criminal defendants convicted of certain federal gun crimes could be allowed to serve concurrent sentences if they were also convicted of other crimes, rebuking the government's view that sentences must run consecutively.
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June 15, 2023
Wash. High Court Asks If Police Evictions Trigger AG Scrutiny
Washington Supreme Court justices asked Thursday how far-reaching local civil rights violations needed to be before the state attorney general could get involved, as they considered the state's claims that a small city police force had a practice of illegally evicting residents.
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June 15, 2023
Arizona Releases Man Who Spent 29 Years On Death Row
An Arizona man who spent 29 years on death row for the murder of a little girl he said he didn't commit was freed on Thursday after the state admitted that he was never given a fair trial.
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June 13, 2023
Conn. AG Talks Unregulated Cannabis 'Danger,' Abortion
Explaining that unlicensed and unregulated THC products pose a "danger" because they could subject consumers, especially youths, to medically unsafe doses, Connecticut Attorney General William Tong said during a wide-ranging interview with Law360 that his office would continue to target cannabis sellers who try to skirt his state's recreational marijuana laws.
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June 08, 2023
Businesses Sue Seattle Over 2020 Protest Response
A Seattle-based ice cream chain and a property owner sued the city in federal court this week, accusing officials of encouraging and condoning a protest zone in 2020 that shut down parts of the business's neighborhood, which they say resulted in lost revenue and an illegal taking by the local government.
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June 07, 2023
Homeowners Say NY Courts Defy Law On Foreclosure Aid
Two Brooklyn homeowners accused New York's court administrators and justices of the state's Supreme Court in Brooklyn of failing to implement a state law requiring courts to assess if homeowners who are facing foreclosure and cannot afford an attorney should be given free legal representation, according to court documents filed Wednesday.
Expert Analysis
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Legal Deserts Threaten Justice In Rural America
Many small towns and rural counties have few lawyers or none at all, which threatens the notion of justice for all Americans and demands creative solutions from legislators, bar associations and law schools, says Patricia Refo, president of the American Bar Association.
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Uncertainties In Gerrymandering Jurisprudence Are Unfair
With the decennial census underway and the corresponding redistricting cycle closely approaching, it is critical that we examine the current state of gerrymandering jurisprudence and how those challenging a redistricting plan as racially motivated have very little recourse, says Tal Aburos at Levine Kellogg.
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Minn. Should Consider Another Charge In George Floyd Case
The Minnesota prosecutors who have charged Derek Chauvin with felony murder for the death of George Floyd are running the risk that the case will be dismissed on solid but esoteric grounds — while ignoring a different murder charge that would stand up to legal scrutiny, says Kyron Huigens at the Benjamin N. Cardozo School of Law.
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US Has A Legal Obligation To Provide Reparations For Slavery
The United States can no longer foreclose the possibility of recompense for African American victims of its legacy of racism while maintaining its international leadership on such issues as human rights and respect for the rule of law, say Arif Ali and David Attanasio at Dechert and Camilo Sanchez at the University of Virginia School of Law.
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How We Can Equip Our Future Lawyers To Confront Injustice
Law professors must fill gaps in the U.S. legal curriculum by teaching cases and legal theories that can help students understand how the legal system and institutional structures perpetuate inequalities, says Jocelyn Getgen Kestenbaum at the Benjamin N. Cardozo School of Law.
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NY Ethics Rule Change Is Good News For Public Interest Attys
Lawyers have always bumped up against a professional conduct rule that prevents them from providing financial help to low-income clients, but New York's pandemic-prompted exception to the rule is a positive step toward mitigating the many hidden expenses that separate rich and poor litigants, say Sateesh Nori and Anita Desai at the Legal Aid Society.
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History Tells Us Black Americans Need Better Legal Protection
Eliminating the legacy of slavery will not be the work of a day or a year, but there are concrete measures Congress can and should take immediately to extend the protection of the law to all Americans, says Jeff Powell at Duke University School of Law.
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Okla. Offers Glimpse Of Eviction Challenges Amid Pandemic
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.
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Police Reform Should Curtail, Not Codify, Qualified Immunity
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.
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How Attys Can Help As Addiction Cases Rise Post-Pandemic
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.
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We Must Do Better Than Hasty Police Reforms
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.
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Unfairness In Prisoner Litigation Is Baked Into Statute
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.
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Police Reform Must Also Address Federal Law Enforcement
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.
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Extended State Foster Care Is A Necessity During COVID-19
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.
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'Unauthorized Practice Of Law' Rules Promote Racial Injustice
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.