Access to Justice

  • October 14, 2025

    Attys Suspect AI In Police Surveillance Could Lead To Bias

    A panel of Pennsylvania attorneys speaking on advances in the use of artificial intelligence in criminal justice and surveillance expressed concern over the potential misuse of such technologies, predicting they could result in rights violations on both individual and mass scales.

  • October 14, 2025

    Justices Decline 7th Amendment Review In Calif. Pot Case

    The U.S. Supreme Court on Tuesday declined to hear a case arguing that the Seventh Amendment right to a jury trial in civil cases should apply in instances of local law enforcement issuing penalties for alleged illicit marijuana cultivation.

  • October 10, 2025

    Up Next At High Court: Voting Rights & Warrantless Entries

    The U.S. Supreme Court will return Tuesday to hear oral arguments in four cases, including a dispute over the constitutionality of the last remaining provision of the Voting Rights Act and whether federal prisoners seeking postconviction relief are subject to the same rules as state inmates.

  • October 10, 2025

    High Court To Eye Limits On Appeal Waivers In Plea Deals

    The U.S. Supreme Court will consider which exceptions might apply to criminal appeal waivers, which are common in plea deals, the court announced Friday.

  • October 09, 2025

    ADA Doesn't Stop At Prison Gates, 3rd Circ. Says In Reversal

    The Third Circuit ordered a lower court to accept an incarcerated man's amended Americans with Disabilities Act lawsuit against a Pennsylvania prison that he says denied him proper medical treatment when a spinal cord injury left him paralyzed in his cell.

  • October 09, 2025

    Top Texas Court Halts Execution In Shaken Baby Case

    Texas' top criminal court on Thursday paused the execution of a man convicted of killing his daughter under the discredited "shaken baby syndrome" theory, ordering a trial court to consider whether a recent ruling in another capital case involving the same theory could justify granting a new trial.

  • October 08, 2025

    Feds Drop Charges Against Ill. Couple Arrested At ICE Protest

    Federal prosecutors on Wednesday moved to dismiss assault charges against a married couple who were recently arrested while protesting in front of a Chicago-area ICE detention center, following a grand jury's refusal to prosecute them, according to the protesters' attorneys and court filings.

  • October 07, 2025

    Attys Urge Mass. Courts To Protect Immigrants' Court Access

    Civil rights lawyers urged the Massachusetts trial court system to better protect migrants' due process rights amid increasing arrests by federal immigration officers inside and outside courthouses, saying Tuesday the court is "well within its right" to do so.

  • October 07, 2025

    Ex-Cop Denied Bond During Breonna Taylor Shooting Appeal

    A former Louisville Metropolitan Police Department officer who was found guilty of firing shots into the home of Breonna Taylor must remain in federal prison, after a district court judge refused to free him on bond pending his appeal of his three-year prison sentence.

  • October 07, 2025

    DHS Must Face Suit Alleging Denial Of Counsel To Detainees

    The U.S. Department of Homeland Security must face a lawsuit lodged by advocacy groups alleging detained immigrants are being denied proper access to counsel, a D.C. federal judge ruled, finding that the legal services organizations adequately alleged "a close relation" to the third parties in the lawsuit.

  • October 03, 2025

    Justices To Confront Divisive Cases On Rights, Power, Liberty

    The U.S. Supreme Court is poised to confront a slate of divisive issues in its upcoming term that begins Monday, with voting rights, transgender equality, religious freedom, immigration detention, and criminal procedure all on the docket.

  • October 03, 2025

    Sentenced To Debt: The Growing Fight Over Court Fees

    Activists are increasingly working to abolish the myriad fees that states and municipalities charge criminal defendants to fund their courts and jails but that critics say leave indigent people with lifelong debt they can never pay.

  • October 03, 2025

    High Court Asked To Review Racial Bias In Miss. Jury Strikes

    It wasn't until after he endured six capital murder trials tainted by racial prejudice that Curtis Flowers, a Black Mississippian, was finally exonerated, had the charges against him dismissed and his name cleared.

  • October 03, 2025

    Justices To Mull Hawaii's 'Vampire Law' For Concealed Carry

    The U.S. Supreme Court on Friday agreed to hear a challenge to a Hawaii law that bars pistol permit holders from bringing handguns onto private property open to the public without the owner's express permission, similar to policies in other states that critics have characterized as "vampire laws."

  • October 02, 2025

    NY Courts Back Use Of New Evidence Management Tech

    The chief administrative judge of the New York Courts encouraged its commercial division in an administrative order to take advantage of web-based digital platforms known as virtual evidence courtrooms to help manage and present evidence during trials.

  • October 01, 2025

    States Say DOJ Can't Tie Victim Service Funds To Immigration

    Several state attorneys general sued the U.S. Department of Justice in Rhode Island federal court Wednesday over new restrictions prohibiting them from using federal funding that supports crime victims to provide services to "removable aliens," in violation of the Administrative Procedure Act and the U.S. Constitution's spending clause.

  • October 01, 2025

    NC Justices Asked To Keep Men In Prison Amid Murder Appeal

    The North Carolina Attorney General's Office has requested that the state Supreme Court review an August decision to release two men after they spent nearly 20 years in state prison for a murder they claim they did not commit.

  • October 01, 2025

    Texas Recovery Biz Fails To Pay Legal Wages, Suit Says

    Participants of several Texas-based recovery programs for addiction and other problems routinely work 40 or more hours per week at commercial facilities including a farm and sawmill, but receive only low-value "points" for their labor instead of lawful wages, according to a proposed collective and class action filed in federal court.

  • October 01, 2025

    6th Circ. Reverses Immunity For Officers Who Injured Inmate

    A Sixth Circuit panel said a trial court was wrong to use qualified immunity to toss a Michigan prisoner's suit alleging his constitutional rights were violated when corrections officers slammed him to the ground and fractured his foot in two places.

  • September 29, 2025

    First Step Act Isn't All Retroactive, Gov't Tells High Court

    The federal government has asked the U.S. Supreme Court to find that Congress never intended certain sentencing reduction provisions within the 2018 First Step Act to be applied retroactively, and to resolve a 6-4 circuit split.

  • September 26, 2025

    How Attys' Pursuit Of Truth Got ICE To Release An Ohio Imam

    Kathryn Brady with the Muslim Legal Fund of America called it a "miracle." With no warning, U.S. Immigration and Customs Enforcement released her client — Egyptian imam and chaplain Ayman Soliman — on Sept. 19 and reinstated his asylum protections after keeping him locked up for 73 days and threatening to deport him to a country where he said he would face certain death.

  • September 26, 2025

    Men On NYPD Gang List Fight To Keep Alive Racial Bias Suit

    Three anonymous men on the New York Police Department's list of gang members have urged a federal judge to reject the city's bid to dismiss their putative class action, saying their claims are based on ongoing racial discrimination and civil rights violations.

  • September 24, 2025

    Rikers Detainees File Class Action Over Solitary Confinement

    A group of detainees are accusing the New York City Department of Correction of systematically violating the state's landmark law restricting solitary confinement, saying in a state court in a proposed class complaint they have been locked in their cells for up to 24 hours a day at Rikers Island despite the ban, a lawyer told Law360 on Wednesday.

  • September 24, 2025

    Sen. Ossoff Pushes Fed. Courts To Uphold Access To Counsel

    Sen. Jon Ossoff, D-Ga., has urged the Judicial Conference to take further action to ensure that all defendants, particularly low-income ones, have access to counsel for their initial appearance in federal court.

  • September 23, 2025

    Ch. 11 Shields Co. From Suit Over Inmate Stroke, Judge Says

    A federal judge in North Carolina has dismissed prison healthcare provider Wellpath from a lawsuit brought by the family of a man who died of a stroke inside a Charlotte jail, finding that the company's bankruptcy shields it from liability but allowing claims against a county sheriff and others to continue.

Expert Analysis

  • High Court's Juror Exclusion Ruling Does Not Do Enough

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    In Flowers v. Mississippi, the U.S. Supreme Court extended the rhetoric that exclusion of even one juror based on race is unconstitutional, but without further guidance, the principle the court seeks to uphold will continue to falter, says Kate Margolis of Bradley Arant.

  • Artisanal Miners' Roadblocks To Justice: Is A Path Clearing?

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    Efforts to give small-scale gold miners, who face displacement, pollution and violence at sites around the world, access to fair and functioning justice systems have met with apathy from politicians and fierce resistance from powerful business lobbies, but there are signs that this may be changing, says Mark Pieth, president of the Basel Institute on Governance.

  • High Court Ruling Highlights Double Jeopardy Complications

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    Although the U.S. Supreme Court's recent decision in Gamble does not change the application of the double jeopardy clause as interpreted by federal courts, the decision reinforces the significant impact of dual prosecutions and the risks for corporate and individual defendants, say Laurel Gift and Randall Hsia of Schnader Harrison.

  • High Court's 'Separate Sovereigns' Ruling Is Good For Tribes

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    The U.S. Supreme Court's decision in Gamble v. U.S. — reaffirming the so-called separate sovereigns doctrine — preserves tribal prosecutors' autonomy and ability to respond promptly to offenses without worrying about the legal repercussions on federal prosecutions, say Steven Gordon and Philip Baker-Shenk of Holland & Knight.

  • Border Phone Search Questions Continue In Federal Court

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    A Massachusetts federal court's eventual decision on cellphone searches at the U.S. border in Alasaad v. Nielsen will further illustrate the differences in how federal courts apply the U.S. Supreme Court's 2014 decision in Riley v. California to the warrant-requirement exception for border searches, says Sharon Barney at Leech Tishman.

  • US Misdemeanor System Should Honor Principles Of Justice

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    The U.S. misdemeanor system — which represents the vast majority of the country’s criminal system — is under-regulated, rarely scrutinized and rife with official rule-breaking. It's time we brought this enormous aspect of our democracy into the modern legal era, says Alexandra Natapoff of University of California, Irvine School of Law.

  • Does Multidistrict Litigation Deny Plaintiffs Due Process?

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    Judges in multidistrict litigation consistently appoint lead plaintiffs lawyers based on their experience, war chests and ability to get along with everyone. But evidence suggests that these repeat players often make deals riddled with self-interest and provisions that goad plaintiffs into settling, says Elizabeth Chamblee Burch of the University of Georgia School of Law.

  • NLRB Case Hinders Workers' Path To Justice

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    A little-noticed National Labor Relations Board filing has taken the U.S. Supreme Court's 2018 class action waiver decision and turned it into a justification for further limiting workers’ access to courts, says Sharon Block, executive director of the Labor and Worklife Program at Harvard Law School.

  • Immigration Enforcement Under Trump Neglects Rule Of Law

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    What President Donald Trump and his administration have described as a “humanitarian crisis” at the U.S. southern border is, in reality, a Trump-exacerbated crisis — which demands real solutions, not incendiary rhetoric, cruelty and lawlessness, says David Leopold of Ulmer & Berne.

  • Calif. Lawmakers Should Stay Out Of USC Sex Abuse Case

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    A pending settlement between the University of Southern California and 17,000 former students would resolve claims over the actions of a sexually abusive gynecologist. But proposed state legislation could undermine the settlement, says Shook Hardy partner Phil Goldberg, director of the Progressive Policy Institute’s Center for Civil Justice.

  • Utah's Online Dispute Platform Is Streamlining Small Claims

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    By making small claims litigation cheaper, faster and more convenient, especially for those facing difficulty appearing in court due to work schedules or geographic distances, an online pilot program in Utah is resolving cases that would otherwise go unfiled — or defaulted upon, says Martin Pritikin, dean of Concord Law School at Purdue University Global.

  • The First Step Act Is A Major Step For Sentencing Reform

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    While many have heralded the First Step Act as an example of bipartisan cooperation, the mainstream press has said surprisingly little about the law's specific sentencing improvements — many stemming from recommendations made by the U.S. Sentencing Commission, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • How To Improve Jurors' Perceptions Of Legal Outcomes

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    When practitioners use methods to emphasize procedural fairness during jury selection, they can engender more faith in the justice system among potential jurors — which can extend beyond trial, says Natalie Gordon of trial consulting firm DOAR.

  • The Role Of Data In An Access To Justice Movement

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    To change the system, we need the wider community to see beyond personal stories of injustice to the “complete picture” of the lack of access to civil justice. Collecting data, indexing it and making it comprehensible is a key part of painting that picture, say James Gamble and Amy Widman of Fordham Law School's National Center for Access to Justice.

  • Changing The Conversation On Bail Reform

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    Instead of looking at “bail reform” as a choice of bail or no bail, we need to focus on reforming four major aspects of the criminal justice process that lead up to the point of bond determination, says Wilford Pinkney of FUSE Fellows.

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