Access to Justice

  • December 15, 2025

    High Court Will Review Racial Bias In Miss. Jury Strikes

    The U.S. Supreme Court agreed on Monday to hear its second case involving the same Mississippi prosecutor's peremptory strikes of Black prospective jurors in a Black defendant's death penalty case — and the same state judge's approval of those strikes.

  • December 11, 2025

    4th Circ. Suppresses Gun Found In Illegal Traffic Stop Search

    A West Virginia man sentenced to more than two years in federal prison for illegal possession of a firearm should not have been searched during a 2023 traffic stop, a unanimous Fourth Circuit panel ruled Thursday, finding that a gun found on him should have been suppressed.

  • December 10, 2025

    High Court Mulls IQ Standards In Death Penalty Cases

    Alabama on Wednesday urged the U.S. Supreme Court to let the state execute a man whose IQ test scores placed him just above the state's cutoff for intellectual disability — a designation that would forbid his execution as unconstitutionally cruel and unusual punishment.

  • December 09, 2025

    NCAA, NY State Univ. Ask Courts To Nix Trans Runner's Suits

    The NCAA and a New York state university argue they did not violate New York state's antidiscrimination law by not allowing a transgender sprinter to compete in a women's track event, telling a state court that she could have still participated in the race if she had been willing to run in the male category.

  • December 09, 2025

    Democrats Push For $1.76B To Fix Defender Budget Shortfall

    Almost 50 Democratic lawmakers are urging congressional appropriators to fix the long-standing budget shortfall for federal defenders in the upcoming full-year budget.

  • December 05, 2025

    Conn. Court Grants New Hearing In Double Homicide

    A Connecticut man convicted of murdering and robbing two women in 2007 to support a drug habit should have been afforded a hearing concerning his motion to dismiss his attorney before his habeas petition was denied, the state's appellate court announced Friday.

  • December 05, 2025

    For NY Inmate, Jamaica's Violence Waits Outside Prison Walls

    Jamaican-born Eric Tolliver is nearing the end of his 33-year prison sentence in New York, but what waits for him on the other side might be worse: deportation to his home country, where many want him dead.

  • December 05, 2025

    How A Little-Known Law Protects Families In ICE Crackdown

    As noncitizen families face a heightened threat of detention and deportation, a legal process originally crafted during the AIDS crisis to keep children in the care of trusted adults during an abrupt separation has taken on new urgency.

  • December 05, 2025

    Immigration Lawyers Battle Burnout Amid Deportation Surge

    As the Trump administration carries out a mass deportation campaign across the country, immigration attorneys faced with heavy demand and changing norms are feeling the impact of burnout and stress on their practices and emotions, they told Law360.

  • December 03, 2025

    4th Circ. Upholds 25-Year Sentence For Bomb Instruction

    A man sentenced to 25 years in prison for teaching an informant how to use explosives to repel federal agents cannot argue the law used to convict him is unconstitutional, the Fourth Circuit ruled on Wednesday, with a dissenting judge worried the decision could have the effect of "chilling" free speech.

  • December 03, 2025

    Judge Frees 10th Grader Arrested By 'Swarm' Of ICE Agents

    A Manhattan federal judge on Wednesday ordered the release of a 10th-grade student from Venezuela who was arrested last month at an immigration check-in, finding that his due process rights were violated by U.S. Immigration and Customs Enforcement.

  • December 02, 2025

    4th Circ. Affirms Conviction Despite Search Warrant Omissions

    The Fourth Circuit on Tuesday affirmed a North Carolina man's convictions for child sexual abuse images, rejecting his claim that a detective omitted key information in a search warrant request that led to the discovery of the abuse materials.

  • December 02, 2025

    4th Circ. Rejects Rehearing In Ex-Defender's Harassment Case

    Former assistant public defender Caryn Devins Strickland lost her bid to have the full Fourth Circuit rehear her sexual harassment suit against the federal judiciary, as judges ruled they didn't overlook her pro bono legal team's withdrawal on the eve of her bench trial.

  • December 01, 2025

    NYC Sued Over Killer-Cop's Misconduct In False Convictions

    A Brooklyn man who was wrongfully incarcerated for one year after being railroaded by a crooked murderous cop has filed a proposed federal class action against the city of New York on behalf of himself and 134 other people whose convictions were overturned after the former officer's misconduct came to light.

  • November 26, 2025

    Up Next At High Court: ISP Liability & State Subpoena Suits

    The U.S. Supreme Court will return Monday for the first week of its December oral argument session, during which the justices will consider whether internet service providers can be held liable for contributing to their customers' infringing activity online and whether the subjects of state subpoenas are required to first challenge them in state court. 

  • November 26, 2025

    Detroit Says It Can't Be Sued Over $8M Exoneration Deal

    The city of Detroit has asked a Michigan federal judge to toss a lawsuit asking the court to force its City Council to approve an $8 million settlement with a man who was wrongfully accused of double murder in the 1990s.

  • November 25, 2025

    11th Circ. Backs City In Suit Over Unpaid Garbage Fee Jailings

    The Eleventh Circuit upheld the dismissal Tuesday of a proposed class action brought by Alabama residents who alleged they were wrongfully prosecuted for unpaid garbage collection fees, saying their complaint didn't allege a racketeering conspiracy between a city and its contractor led to criminal charges. 

  • November 25, 2025

    Mass. Justices Clarify Access To Sealed Records For Appeals

    A Massachusetts law intended to give defendants acquitted of criminal charges a fresh start by automatically sealing a court's record does not prevent them or their attorneys from accessing the files, the state's high court ruled on Tuesday.

  • November 21, 2025

    Mich. High Court Rule Could Limit ICE Courthouse Arrests

    Joining a host of other states, the Michigan Supreme Court released a draft rule prohibiting "the civil arrest of a person while attending a court proceeding or having legal business in the courthouse," which would likely bar most Immigration and Customs Enforcement detentions.

  • November 20, 2025

    Colo. Panel Tosses Conviction Over COVID-Era Trial Closure

    A Colorado appellate court panel on Thursday reversed a man's conviction on felony trespassing and other charges, saying a COVID-related courtroom closure violated his Sixth Amendment right to a public trial.

  • November 20, 2025

    Family Of Wrongfully Convicted Man Awarded $80 Million

    A federal jury on Wednesday awarded $80 million to the family of a Buffalo, New York, man who spent 27 years in prison after being wrongfully convicted of a 1976 murder — the largest wrongful conviction jury verdict awarded to a single person in U.S. history, attorneys said.

  • November 20, 2025

    Judge Flags Standing Issue In Stanford Daily Deportation Suit

    A California federal judge has pushed off deciding the merits of Stanford University's student newspaper's challenge to the Trump administration's targeting of foreign students who express pro-Palestinian views for immigration enforcement, saying she can't rule until she's sure the paper has standing.

  • November 19, 2025

    4th Circ. Says Immigration Board Ignored Key Evidence

    A split Fourth Circuit panel has said immigration courts ignored evidence of the threats a Honduran man faced from MS-13 gang members if he was sent back to that country, while a dissenting judge faulted him for not reporting to police alleged harms.

  • November 18, 2025

    Texas Redistricting Blocked Over Racial Gerrymandering

    A Texas federal judge on Tuesday struck down Texas' newly redrawn congressional map, ruling that the state likely engaged in unconstitutional racial gerrymandering and ordering the state to revert to its 2021 map for next year's midterm elections.

  • November 18, 2025

    4th Circ. Upholds More Than 15-Year Sentence In Meth Case

    The Fourth Circuit affirmed a more than 15-year prison sentence for a man who pled guilty in West Virginia federal court to possessing 500 grams or more of methamphetamine with intent to distribute, rejecting his argument that he shouldn't have received sentencing enhancements due to late filings by the government.

Expert Analysis

  • States Must Toll Court Deadlines To Ensure Access To Justice

    Author Photo

    There are several reasons why a state should consider temporarily lifting statutes of limitations during this pandemic, including protecting the rights of litigants who are vulnerable, say Adam Mendel and Rayna Kessler at Robins Kaplan.

  • Coping With A Pandemic: ASU's Rebecca Sandefur

    Author Photo

    With self-isolation and social distancing now the norm during the COVID-19 pandemic, Law360 is sharing reactions from around the business and legal community. Today's perspective comes from Rebecca Sandefur, a professor at Arizona State University and faculty fellow of the American Bar Foundation.

  • Coronavirus Crisis Shows Need For Permanent Bail Reform

    Author Photo

    All states should follow Florida's lead and reduce the number of people held in jails unnecessarily during the pandemic, and use this tragic time as a catalyst to make lasting, long overdue changes in our criminal justice system, says Matt Morgan at Morgan & Morgan.

  • Constitutional Lessons For Prisons Amid COVID-19 Outbreak

    Author Photo

    With the coronavirus already infiltrating certain prison populations, jail officials must look to cases stemming from the 2009 swine flu epidemic for guidance on their legal obligations under the Eighth Amendment, say attorneys at Bradley Arant.

  • Weinstein's Survivors Got Justice, But Reform Is Still Needed

    Author Photo

    While the conviction and sentencing of Harvey Weinstein was a watershed moment, and vindication for the women that he abused, the scales of justice remain tipped against women in cases of sexual assault and harassment in the U.S. and around the world, say Jennifer Klein at Time's Up and Rachel Vogelstein at the Council on Foreign Relations.

  • Keep Your Client Out Of The Courtroom During Voir Dire

    Author Photo

    With Harvey Weinstein's defense team raising allegations of undisclosed bias among the jurors who convicted him, it's a good time to examine why it may be best if your client is not present during the jury selection process, says Christina Marinakis at Litigation Insights.

  • Justices' Border Patrol Ruling Could Extend To US Citizens

    Author Photo

    The U.S. Supreme Court’s decision in Hernandez v. Mesa, barring a Mexican family’s remedies for the fatal cross-border shooting of their son by a federal agent, sweeps broadly toward curtailing constitutional remedies for similarly aggrieved U.S. citizens, says Cori Alonso-Yoder at American University Washington College of Law.

  • Weinstein Verdict May Signal Big Step Forward For #MeToo

    Author Photo

    That a New York state jury convicted Harvey Weinstein of sexual assault and rape — in the absence of substantial corroborating evidence and despite challenges to the accusers' credibility — suggests that society has turned a corner, says professor Stephen Gillers at NYU School of Law.

  • Justice Denied For A NY Domestic Violence Survivor

    Author Photo

    New York's Domestic Violence Survivors Justice Act was enacted to reduce sentences for people like Nicole Addimando, who was just given 19 years to life in prison for killing her sadistically abusive partner, so the court’s failure to apply it here raises the question of whether it will be applied at all, say Ross Kramer and Nicole Fidler at Sanctuary for Families.

  • Arbitration Is A Flawed Forum That Needs Repair

    Author Photo

    While arbitration is a good vehicle for ensuring timely dispute resolution, the existing system lacks protections for workers and consumers, and legislative efforts to outlaw forced arbitration prove it’s time to finally fix it, says Gerald Sauer at Sauer & Wagner.

  • Sentencing Insights From A Chat With Judge Nancy Gertner

    Author Photo

    While many judges say there isn’t much criminal defense attorneys can do at sentencing hearings, retired U.S. District Judge Nancy Gertner — an outspoken critic of the federal sentencing guidelines — disagrees, says criminal defense attorney Alan Ellis.

  • Rigged Forfeiture Law Seizes Property In 4 Steps

    Author Photo

    Nationwide, law enforcement agencies rely on a four-pronged attack to generate billions of dollars in civil forfeiture revenue to use for police perks, depriving defendants of property without due process of law, says Daryl James of the Institute for Justice.

  • To Honor The Promise Of Liberty, Reform Pretrial Detention

    Author Photo

    As criminal justice reform advocates focus on the critical need to reduce unjust pretrial detention, jurisdictions must commit to a range of policy changes that include, but also go beyond, risk assessments, says former Wisconsin Judge Jeffrey Kremers.

  • USCIS Work Proposals Add To LGBTQ Asylum Seekers' Risks

    Author Photo

    Pending U.S. Citizenship and Immigration Services proposals to prolong employment ineligibility and charge for employment authorization documents would be particularly detrimental to already-vulnerable LGBTQ asylum seekers, says Richard Kelley at the DC Volunteer Lawyers Project.

  • Understanding What Restorative Justice Is And Isn't

    Author Photo

    A hearing in the Jeffrey Epstein case featuring victim impact statements and a White House meeting between a hit-and-run driver and the victim's parents have been described as restorative justice, but the reality is more complex, says Natalie Gordon of DOAR.

Can't find the article you're looking for? Click here to search the Access to Justice archive.