Access to Justice

  • March 15, 2020

    MoFo Secures $1.5M Over Facebook-Based Wrongful Arrests

    An obscure California statute and social media connections led to the arrest of two men who found themselves facing potential lifetime prison sentences until a pro bono team from Morrison & Foerster stepped in.

  • March 15, 2020

    Justices Put Juvenile Sentencing Back On The Front Burner

    Less than two weeks after a new Virginia law led to the premature dismissal of Lee Boyd Malvo’s U.S. Supreme Court petition challenging juvenile life without parole sentences, the justices have selected a replacement case that could answer long-standing questions about cruel and unusual punishment.

  • March 15, 2020

    Why Is Unbundled Legal Help So Hard To Find?

    Across the country, an estimated 60% of state court litigants have no lawyer to help them. One way to close the justice gap is unbundled services, a form of limited legal representation, but cultural barriers and a lack of understanding have prevented widespread use of the concept.

  • March 15, 2020

    Iran, Cameroon Lead Worldwide Declines In The Rule Of Law

    The rule of law is declining more than it is advancing in a majority of the countries examined by the World Justice Project, with Iran and Cameroon seeing the largest drops, the organization has found in an annual report.

  • March 13, 2020

    ABA Assembles Task Force On COVID-19 Legal Needs

    Debt collection suits, evictions, insurance and government benefits claims — legal problems like these are always challenging, especially for low-income people who often lack legal counsel.

  • March 08, 2020

    NYC Indigent Defense Panels See Drain Of Local Lawyers

    Struggling with burnout and stagnant pay, New York lawyers are fleeing a program that provides experienced private counsel for poor defendants and people in family court, putting a strain on the system and chipping away at a career stepping stone for locally trained attorneys.

  • March 08, 2020

    Can The Courts Break Transgender Felons Out Of ID Prison?

    When transgender people are stuck using legal names that don’t conform to their gender identity, every interaction with the government, an employer or others who ask for their official identification can put them at risk of being outed and ostracized. For residents of nine states, certain convictions add another barrier to legally changing their names, sometimes for life.

  • March 08, 2020

    3 Ways Automation Can Enhance Access To Justice

    The delivery of legal services to low income consumers is being transformed by automation technology such as TurboTax-like forms for people facing eviction, and that transformation only shows signs of picking up steam as researchers continue to mine its potential for legal aid.

  • March 08, 2020

    Georgetown Prof Explains The Rise Of Nonlawyer Navigators

    At a time when more and more people have legal problems but don’t have lawyers, can people who aren’t lawyers help? Georgetown University Law Center senior fellow Mary McClymont talks with Law360 about the ways in which nonlawyers are increasingly playing a role in closing the justice gap.

  • March 01, 2020

    Justices Show Limits To Juries' Say In Death Penalty Cases

    Last week, a divided U.S. Supreme Court refused to overturn a judge-ordered death sentence that no jury ever sanctioned, highlighting the unusually muddled legality of an estimated 97 death sentences around the country.

  • March 01, 2020

    Sidley's Push For Retrial Pays Off In Excessive Force Case

    More than six years of litigation and what became a six-figure verdict allegedly all started with Christopher Davis wanting some milk.

  • March 01, 2020

    Mooted DC Sniper Case Won't End Fight Over Juvenile Lifers

    Juvenile justice reformers rejoiced last week after Virginia passed a law extending parole eligibility to people serving life in prison for crimes they committed as minors. Though the development moots the closely watched D.C. sniper case at the U.S. Supreme Court, the justices have already begun considering five related juvenile life petitions.

  • March 01, 2020

    Pro Bono Partner Spike Shows Firms Upping Their Game

    The number of firms with pro bono partners, who spend most of their time overseeing and contributing to their firms’ efforts to provide free legal services, is at an all-time high, a trend that suggests firms are getting more and more serious about such work, according to a recent report.

  • February 27, 2020

    Justices Shut Courthouse Doors On Border Patrol Victims

    The U.S. Supreme Court's recent decision to toss a suit over a Mexican teen's fatal shooting by a Border Patrol officer effectively leaves similarly situated families with no legal recourse for constitutional rights violations, experts said.

  • February 23, 2020

    Homeboy Industries' Harati On Giving People A Fresh Start

    As the director of legal services for LA-based Homeboy Industries, Donna Harati helps former gang members and convicted felons rejoin society by working with them on expungements, custody disputes and more. Here, Harati discusses traffic fines, trauma and finding reasons to smile during tough situations.

  • February 23, 2020

    Debt-Based License Suspensions Get Fresh Scrutiny In NY

    New York lawmakers are taking a closer look at doing away with driver’s license suspensions based on debt, which a New York Law School report this month determined disproportionately impacts minority motorists.

  • February 23, 2020

    Coin Toss: Are Risk-Measuring Tools Accurate Enough?

    Most of the algorithms used to assess someone's risk of recidivism before they are released on bail are correct about 60 and 70% of the time — better than a coin flip, but still prone to misclassification, especially in cases that involve people of color. The tools’ potential for error has left stakeholders clashing over their use.

  • February 23, 2020

    How Attys Can Help Dismantle The School-To-Prison Pipeline

    As the rise of school shootings spurs an increase in spending on school police officers, experts at a recent conference said students need more due process protections when those officers handle routine disciplinary matters: Police involvement, they said, should mean attorney involvement too.

  • February 21, 2020

    Ex-Felons In Fla. Race Against Clock To Vote In 2020

    Former felons in the Sunshine State who are fighting a requirement that they pay all outstanding fines and fees before being able to vote may have scored a recent win at the Eleventh Circuit, but with just eight months to go before the general election and the state vowing to battle on, time may be running out for them to cast a ballot in 2020.

  • February 18, 2020

    ABA Says Industry Regs Need A Rethink, But Will It Matter?

    The passage of a revised American Bar Association resolution intended to encourage a new look at legal industry regulation and increase access to justice represents a major step forward, even in the absence of any recommended changes on nonlawyer participation in the market, some experts say.

  • February 09, 2020

    Could Fee-Based Voting Restrictions Tilt The 2020 Election?

    In Florida, a perennial political battleground, efforts to reenfranchise those with felony convictions have been stymied by requirements that they pay off legal debts before voting. Individual confusion over what people owe and uneven court efforts to help them find out could lead to echoes of the contested 2000 election.

  • February 09, 2020

    Ariz. Tests Nonlawyer Advice For Domestic Violence Victims

    For many survivors of domestic violence, trying to leave an abusive situation presents an array of legal issues, but affordable legal help can be hard to come by. The state of Arizona is hoping to fill that need with a new type of legal adviser.

  • February 09, 2020

    NY Prosecutor Watchdog At Crossroads After Court Setback

    Backers of a New York commission for policing prosecutors are facing hard choices after a court found the watchdog to be in conflict with the state constitution, including whether to erase the group’s authority to hand out punishments altogether.

  • February 09, 2020

    DoNotPay Founder Opens Up On 'Robot Lawyers'

    Last month, an app that allows users to “sue anyone at the press of a button” won recognition for its contribution to legal access from the American Bar Association. Law360 caught up with its creator, 23-year-old Joshua Browder, to learn more about his “robot lawyer.”

  • February 09, 2020

    Crime Victims Can See Costs Pile Up, But New Law May Help

    A newly signed law in New Jersey allowing victims of violent crime to receive greater compensation for legal fees represents a critical milestone in the Garden State’s efforts to financially support that vulnerable population, who can face mounting costs in the wake of a tragedy, advocates say.

Expert Analysis

  • 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.

  • Stripping The False Premises From Civil Justice Problems

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    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.

  • Cy Pres Awards Are The Best Answer

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    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.

  • Maybe Virtual Reality Juries Can Facilitate Access To Justice

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    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.

  • A Key Legal Reform To Fight The Child Sex Abuse Epidemic

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    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.

  • Blockchain Can Empower Stateless Refugees

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    Innovative blockchain-based projects providing stateless refugees with forms of identification, digital assets and educational opportunities could change the rules for this vulnerable population, say Amy Schmitz of the University of Missouri School of Law and Jeff Aresty of Internetbar.org.

  • How State Courts Are Fighting Our National Opioid Epidemic

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    Loretta Rush, chief justice of Indiana and co-chair of the National Judicial Opioid Task Force, discusses how state courts can facilitate a successful policy response to the opioid epidemic.

  • How The 3rd Generation Of Bail Reform Imploded

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    Thirty-four years after the passage of the Federal Bail Reform Act of 1984, we have finally seen the implosion of this misguided attempt at justice, says Jeffrey Clayton, executive director of the American Bail Coalition.

  • Class Cy Pres Settlements Are A Troubling Practice

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    Class actions are often touted as a powerful mechanism for access to justice, but is this true when there is zero chance of recovery for class members? asks Mary Massaron, a partner at Plunkett Cooney PC and former president of Lawyers for Civil Justice.

  • The Pro Bono Law That United Congress

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    Those who perpetrate crimes are guaranteed the right to counsel, but victims of domestic violence and sexual assault are not. With the unanimously passed Pro Bono Work to Empower and Represent Act, I envision an army of lawyers helping break the cycle of abuse, says Sen. Dan Sullivan, R-Alaska.

  • How BigLaw Pro Bono Pros Can Promote Access To Justice

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    Allegra Nethery, president of the Association of Pro Bono Counsel, discusses opportunities for large law firms to make a difference.

  • Aggressive Stops And Frisks Won't Make Chicago Safer

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    Speaking recently to the International Association of Chiefs of Police, President Donald Trump called for stop-and-frisk practices in Chicago to reduce violent crime. But beyond the negative consequences of this approach, data supporting its effectiveness is sparse, say Dr. Tara Lai Quinlan and Northeastern University School of Law professor Deborah Ramirez.

  • The Pro Bono Policies Worth Adopting In Every State

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    A recent survey of attorneys across the country found that, despite broad opposition to mandatory pro bono, strong support exists for a number of statewide policies and initiatives to more effectively engage the private bar in pro bono work, says Latonia Haney Keith, associate dean of academics at Concordia University School of Law.

  • Using The Constitution To End Punishment Of The Poor

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    One hundred and fifty years after the ratification of the Fourteenth Amendment, lawyers are achieving real victories on the ground with new constitutional theories striking at both inequality and unfair process, says Brandon Garrett of Duke University School of Law.

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