Access to Justice

  • October 16, 2026

    Attys Can Still Protect Voting Rights During The Midterms

    With the midterm elections approaching, a coalition of local and national nonprofits are seeking volunteers, especially lawyers, to safeguard the vote during an election with more states in play as battlegrounds and growing anxiety about federal interference in local elections.

  • October 16, 2026

    Balancing The Scales: Criminal Appeals, Sentencing Rules

    The Second Circuit has been ordered to take another look at a murder-for-hire conviction in light of the high court's new miscarriage-of-justice exception for criminal appeal waivers, and the top courts in Pennsylvania and Michigan will look at the retroactivity of new sentencing rules. Here, Law360 highlights access to justice stories arising from litigation, verdicts and judgments you may have missed.

  • October 16, 2026

    Law Prof Takes Aim At Vanishing Jury Trials In Documentary

    Law professor Suja A. Thomas spoke with Law360 about the experiences that inspired her new documentary “The Best Justice System in the World," about the disappearing jury trial. Thomas discusses the challenge of using humor to explore injustice and why she believes restoring the jury's role is essential to reforming the legal system.

  • October 15, 2026

    Man Shot By ICE Refiles Habeas Case, Citing Medical Needs

    Attorneys for a New York man shot by U.S. Immigration and Customs Enforcement officers while his son was in the car renewed their attempt to free him from detention, saying he is still in need of medical attention.

  • October 15, 2026

    Muscogee Chief Says Court Can't Grant Freedmen Citizenship

    Muscogee (Creek) Nation Principal Chief David Hill is asking an Oklahoma federal court to dismiss a challenge that looks to block the tribe from denying citizenship to descendants of people once enslaved by the Indigenous nation, arguing that it can be achieved only through a constitutional amendment and legislative process.

  • October 15, 2026

    Nonprofits Sue Over NC Budget Gutting Civil Legal Aid Grants

    Three nonprofits are mounting a legal challenge to a provision of the North Carolina state budget that strips funding for civil legal aid services historically provided by the state's Interest on Lawyers' Trust Accounts program, saying the maneuver flouts directives by the Tar Heel state's top court and violates the First Amendment.

  • October 14, 2026

    DOJ Pushes Congress To Expand Death Penalty

    The U.S. Department of Justice has proposed a bill to Congress to bolster the use of the death penalty in both state and federal courts, in a bid to advance a related executive order President Donald Trump signed at the beginning of his second term.

  • October 13, 2026

    High Court Won't Hear Fingerprint Analyst's Immunity Defense

    The U.S. Supreme Court said Tuesday that it would not review an Eleventh Circuit decision stripping qualified immunity from a fingerprint analyst who is facing allegations that she fabricated evidence that sent a wrongly convicted man to death row.

  • October 13, 2026

    Justices Agree To Hear Habeas Case About Circuit Splits

    The U.S. Supreme Court on Tuesday agreed to consider whether prisoners can appeal denials of their federal habeas corpus petitions if there is a circuit split on the issue underlying their petition, even if their home circuit has precedent against them.

  • October 09, 2026

    Fla. Sheriff Can't Escape Immigrant Detainee's Sex Abuse Suit

    A Florida sheriff must face a former immigrant detainee's civil rights suit alleging the sheriff failed to address known risks at the county jail where a deputy sexually assaulted her, a Florida federal judge ruled Friday.

  • October 09, 2026

    11th Circ. Orders Resentencing Under New Robbery Rule

    The Eleventh Circuit has ruled that a man convicted of robbing two auto parts stores should be resentenced because changes in the federal sentencing guidelines retroactively updated language relating to the physical restraint of a victim.

  • October 07, 2026

    Pa. Justices To Review Geofence Challenge Post-Chatrie

    The Pennsylvania Supreme Court agreed this week to hear a challenge to a geofence warrant just months after the U.S. Supreme Court ruled in Chatrie v. U.S. that such warrants implicate Fourth Amendment search protections.

  • October 06, 2026

    Tribal Jurisdiction Key To Michigan Indigenous Cases

    Determining who can prosecute crimes committed in Indian Country requires navigating a complicated mix of tribal, state and federal authority, a Michigan federal prosecutor told law enforcement officials and advocates Tuesday at a statewide summit focused on missing and murdered Indigenous people and human trafficking.

  • October 05, 2026

    Mich. High Court To Weigh Retroactivity Of Sentencing Rule

    The Michigan Supreme Court has taken up an appeal asking it to decide if a landmark decision that bans the inclusion of previously acquitted charges as a factor for sentencing applies retroactively even after a sentence has been appealed.

  • October 05, 2026

    High Court Revives Murder-For-Hire Plea Appeal After Hunter

    The U.S. Supreme Court on Monday vacated a Second Circuit decision dismissing the sentencing appeal of a man who pled guilty to a role in a murder-for-hire plot, telling the circuit court to take another look in light of the high court's new miscarriage-of-justice exception for criminal appeal waivers.

  • October 05, 2026

    Justices Won't Hear 10th Circ. Tulsa Officer Immunity Case

    The U.S. Supreme Court declined on Monday to review a Tenth Circuit decision denying a former Tulsa police officer qualified immunity from a civil suit alleging she used excessive force when she shot and killed an unarmed man.

  • October 05, 2026

    High Court Won't Vacate Habeas Ruling After Case Turns Moot

    The U.S. Supreme Court on Monday declined to review a Fourth Circuit ruling that blocked a federal prisoner's constitutional challenge to a sentence enhanced under the formerly mandatory federal sentencing guidelines.

  • October 05, 2026

    NJ Panel Tosses Geofence Warrant, Upending Robbery Case

    A New Jersey appeals court has ruled that police were incorrectly granted a geofence warrant because their application failed to establish a "nexus" between a string of gas station robberies and a potential suspect's cellphone location data.

  • October 05, 2026

    Justices Won't Review John Doe Warrant, Trash DNA Test

    The U.S. Supreme Court on Monday declined to hear a challenge to a John Doe warrant and the warrantless collection and DNA testing of trash items used to convict a man in 2024 for the rape of a Penn State student in 1995.

  • October 02, 2026

    Pa. High Court Won't Order New Rape Trial Over DA Comment

    A divided Pennsylvania Supreme Court won't order a new rape trial for a man even though a prosecutor improperly implied the man's retaining an attorney was an indicator of guilt, finding the evidence in his case is so overwhelming that it outweighed the prosecutor's error. 

  • October 01, 2026

    NY Judge Scraps ICE Immigration Court Arrest Policy

    A New York federal judge vacated a 2025 policy change that gave U.S. Immigration and Customs Enforcement agents "unfettered discretion" to arrest noncitizens at immigration courthouses after the government admitted guidance cited for the shift never applied to immigration courts.

  • October 01, 2026

    Mich. Panel Revives Child Sex Case Over Possible Entrapment

    The Michigan Court of Appeals has "conditionally reversed" a man's conviction for "child sexually abusive activity," with a panel finding that his counsel did not correctly challenge a police sting operation, causing him to be ineffectively represented at trial.

  • October 01, 2026

    Tenn. Halts Executions After 2nd Botched Lethal Injection

    Tennessee Gov. Bill Lee suspended the state's executions Thursday and ordered a third-party investigation into the botched execution of death row prisoner Christa Pike, who remained hospitalized after surviving two doses of the sedative pentobarbital.

  • October 01, 2026

    Justices To Review Trump's No-Bond Migrant Detention Policy

    The U.S. Supreme Court on Thursday agreed to review whether the Trump administration can detain unauthorized immigrants without bond until their immigration cases conclude, regardless of whether they had already been living in the country.

  • September 30, 2026

    Fla. Panel Says Hot-Car Conviction Needs Knowledge Element

    A Florida state appeals court Wednesday ruled that a nanny convicted of felony murder after forgetting she left a 10-month-old inside a hot car should be tried again, saying prosecutors used an improper underlying charge as a basis for the felony murder charge.

Expert Analysis

  • 3 Reforms Are Needed To Surface Hidden Evidence

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    The overturned murder conviction of Richard Glossip, who will soon be retried, demonstrates why several measures are needed to help protect against due process violations caused by prosecutors withholding evidence, say Marc Levin and Khalil Cumberbatch at Council on Criminal Justice.

  • How High Court Bivens Prison Case May Shape Defense Tools

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    In Nielsen v. Watanabe, the U.S. Supreme Court is unlikely to extend the Bivens framework that allows federal prisoners to sue prison staff for deliberate indifference to their medical needs, thus handing defense counsel two sharpened pleading-stage arguments, says Albert Zakarian at Blackstone Trial.

  • NJ Fingerprint Ruling Shows Forensic Reliability Isn't Static

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    The New Jersey Supreme Court’s recent State v. Lee decision, holding that developments in forensic science warranted a renewed assessment of fingerprint evidence, reaffirmed the trial judge's role as gatekeeper and underscored that the admissibility of expert testimony is an ongoing inquiry, not a one-time determination, say attorneys at Morgan Lewis.

  • Justices Stand On Statutory Specifics In Cisco And Landor

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    With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.

  • Negotiating Power Imbalance In Pro Bono Client Relationships

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    The inherent power advantage of an attorney in a client relationship is magnified in pro bono representation, but lawyers can help ease this imbalance by implementing several principles, such as sharing control, identifying resource barriers and more, says Alicia Aiken at PLI.

  • DC Circ. Gag Order Rulings Reveal A Digital Privacy Paradox

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    A pair of rulings from the D.C. Circuit reveal a growing dilemma in digital privacy jurisprudence for investigative targets, technology companies and transparency advocates — even when courts set the bar higher for broad nondisclosure requests, the public may never be allowed to learn why orders get approved, say attorneys at RJO.

  • 3 Reforms To Help Pro Se Litigants Tackle Family Court Forms

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    Self-represented family court litigants must navigate the often-bewildering process of finding, completing and filing the correct form, so courts and policymakers should consider several ways to make the process more accessible, says Caroline Rogus at Drexel University.

  • Justice Requires Excluding Manner Of Death As Evidence

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    A recent report showing that the unstandardized and subjective U.S. system of medicolegal death investigations contributes to unjust convictions should prompt courts and lawmakers to reject manner of death testimony in favor of more transparent and testable forensic evidence, say Peter Neufeld and Isabelle Cohn at the Innocence Project.

  • A Simple Reminder Can Prevent Missed Court Dates

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    Missed court hearings are costly for the legal system and can have potentially devastating consequences for individuals, but text, email and mail reminders offer a straightforward, affordable and evidence-based tool to boost appearance rates, says Anne Stotler at ideas42.

  • Asylum Pretermission Ruling Erodes Procedural Protections

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    A recent Board of Immigration Appeals decision permitting immigration judges to dismiss asylum applications without notice or evidentiary hearings adopts the civil court's summary judgment mechanism without the procedural protections that make summary judgment fair, says Georgianna Pisano Goetz at GHIRP.

  • Nursing Home Abuse Cases Face 3 Barriers That Need Reform

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    Recent headlines reveal persistent gaps in oversight and protection for vulnerable residents in long-term care, but prosecution of these cases is often stymied by numerous challenges that will require a comprehensive overhaul of regulatory, legal and financial structures to address, says Veronica Finkelstein at Wilmington University.

  • 3 Ways To Boost Access To Justice In NYC Small Claims Court

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    The New York City Small Claims Court is a critical venue for pro se litigants seeking civil justice, but the system is under strain, and three practical reforms are needed to help strengthen fairness, consistency and access, says Charles Montorio-Archer at the New York City Civil Court.

  • Crime Victim Aid Should Not Be Tied To Immigration Status

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    A Trump administration policy conditioning support services for crime victims on immigration status — currently being challenged in court — is unjust and may harm public safety, and it’s simply not necessary to effectively secure the border, say Marc Levin and Khalil Cumberbatch at Council on Criminal Justice.

  • How Public Defenders Must Help Fill The Social Services Gap

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    With public benefit programs like Medicaid and the Supplemental Nutrition Assistance Program facing severe cuts, public defenders must take steps outside the courtroom to help clients find the physical, social and economic assistance they need to overcome the collateral consequences of incarceration, says Vichal Kumar at Partners for Justice.

  • 4 Trauma-Informed Strategies For Mediating Sex Abuse Cases

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    Navigating the justice system can be a retraumatizing experience for survivors of sexual abuse, so it’s imperative that mediators who work on these types of cases employ trauma-informed methods to foster trust and help parties reach meaningful resolutions, says Ellie Vilendrer at Signature Resolution.