Access to Justice

  • November 22, 2020

    Milbank Attys Assist Muslim Nonprofit In Cemetery Fight

    Pro bono attorneys at Milbank have dedicated 5,000 hours to representing a nonprofit in a religious discrimination suit that alleges Stafford County, Virginia, purposefully changed its rules to stop the organization from building its second cemetery for Muslims in the county.

  • November 22, 2020

    Settlement Co. Offers Sex Abuse Survivors New Trust Option

    While working with survivors of sexual abuse by Larry Nassar, a New York-based associate at a settlement management company realized that these clients needed a different option for managing their settlements. So he spearheaded an account designed for them.

  • November 15, 2020

    NJ Criminal Justice Data Law Could Spur Reforms Elsewhere

    A new law pulling back the curtain on New Jersey's criminal justice system by requiring its attorney general to compile and analyze a wide range of information could serve as a model for the rest of the nation and fuel future reform efforts in the Garden State, experts say.

  • November 15, 2020

    Paul Hastings Puts Navy Vietnam Vets On Course For Benefits

    A team of pro bono lawyers from Paul Hastings LLP earned a key victory for potentially thousands of Navy veterans who were exposed to the highly toxic herbicide Agent Orange during the Vietnam War, after a federal judge ruled that the veterans could be entitled to retroactive disability benefits that could ultimately total more than $100 million.

  • November 12, 2020

    Justices Told Of Due Process Issues Without Bond Hearings

    The American Civil Liberties Union asked the U.S. Supreme Court to reject the Trump administration's position that undocumented immigrants who have re-entered the United States can be detained indefinitely, even when their deportation is far from certain.

  • November 12, 2020

    NY Judges, Court Staff Say Budget Cuts Will Hurt Access

    New York state judges and court staff lambasted cuts to the judicial budget in a New York State Assembly hearing on Thursday, warning that the state's justice system is already spread too thin to weather more austerity.

  • November 08, 2020

    Ballot Measures Nationwide Tackled Criminal Justice Reform

    In an election that saw a record number of votes cast, voters made their voices heard on key ballot measures across the country, on the state and local level, to change the criminal justice system.

  • November 08, 2020

    Brother's Wrongful Conviction Fuels Atty's Push For Change

    Greenberg Traurig shareholder Karen Kennard had just started her second year of law school when she watched her oldest brother, Tim Cole, convicted of a rape he didn't commit.

  • November 08, 2020

    Will A New High Court Swing Against Juvenile Lifers?

    After last week's oral arguments in a U.S. Supreme Court case concerning the sentencing of juvenile offenders, advocates on both sides of the issue say it's unclear how the court, which has changed in composition since the last major rulings on the issue, will interpret those precedents.

  • November 08, 2020

    Amanda Mineer On Veterans Access Issues During Pandemic

    Veterans Law Group supervising attorney Amanda Mineer talks to Law360 about how the coronavirus pandemic has upended the disability claims process for veterans and about what remains the greatest barrier for veterans seeking support after service.

  • November 08, 2020

    Orrick Helps Win Rare High Court Qualified Immunity Reversal

    A team of Orrick Herrington & Sutcliffe LLP attorneys and the nonprofit Rights Behind Bars won a rare qualified immunity reversal in the U.S. Supreme Court last week, in a Texas federal case attorneys say owes much credit to their client Trent Taylor's self-representation from behind bars.

  • November 08, 2020

    Chapman, Legal Aid Chicago Launch App To Clear Records

    Chicago Legal Aid and Chapman and Cutler LLP have launched a web application to help automate the process of clearing clients' records in an effort to meet a growing need.

  • November 03, 2020

    Don't Look To Bush v. Gore For 2020 Blueprint

    As the nation waits with bated breath for the results of the 2020 presidential contest, the prospect of litigation over mail-in ballots in battleground states has led to fear that it could once again come down to the Supreme Court to declare a winner. Here's why that's still a long shot.

  • November 01, 2020

    Prosecutors Lend Their Clout In 2 Civil Rights Cases

    This past week sizable groups of current and former prosecutors, including state attorneys general and district attorneys, filed amicus briefs in two separate civil rights cases, a move experts say can offer a boost to such cases due to the officials' prestige.

  • November 01, 2020

    Kirkland Atty Helps Assault Survivor Reunite With Her Kids

    Kirkland & Ellis partner Amir Freund helped one client overcome a saga of adversity that began with a crime and ended with a global pandemic to reunite her family and let her restart her life securely in the U.S.

  • October 30, 2020

    NYC Tenant Attys Urge State, Courts To Prevent Default Spike

    As many as 14,800 New York City heads of households that have been sued for failure to pay rent during the coronavirus pandemic could soon be at risk of losing their cases by default, a major step toward eviction that can be challenging to reverse, housing lawyers warn.

  • October 28, 2020

    Native Voting Suits Take On Inequities Amplified By Virus

    Native American voting rights advocates say the coronavirus pandemic has heightened the stakes of their efforts to protect ballot collection and in-person voting options through the courts, driving home the need for strong federal laws tailored to tribes' needs.

  • October 25, 2020

    Pro Bono Attys Look To Fill Poll Worker Gap During Pandemic

    Election officials worry COVID-19 could lead to a shortage of poll workers and long lines at the ballot, so some pro bono attorneys are stepping in to fill the gap before that happens. And with elections laws in flux across the country, those attorneys could be an invaluable resource in helping voters avoid confusion at the ballot box.

  • October 25, 2020

    Carmen Alanís On Electoral Integrity And Political Rights

    As the U.S. gears up for one of the most litigated national elections in its history, Judge María del Carmen Alanís Figueroa of Mexico, a member of the Kofi Annan Foundation’s electoral integrity group, is watching with interest. Here, she discusses the role of courts in elections.

  • October 25, 2020

    From Behind Bars, Pretrial Detainees Fight To Vote

    The majority of inmates in local jails haven't been convicted of a crime and are still eligible to vote. But a lack of information, resistant jail staff and even some election laws make casting a ballot nearly impossible from behind bars.

  • October 23, 2020

    Census Halt Poses Particular Threat To NJ And Its Immigrants

    Experts fear the recent U.S. Supreme Court decision allowing the Trump administration to end census data collection early could have dire ramifications for New Jersey and its high number of immigrants, who comprise hard-to-count communities that depend on federal funding allocated in accordance with population numbers.

  • October 22, 2020

    Jenner & Block 'All In' With $250M Pro Bono Pledge

    Jenner & Block LLP said Thursday it is ramping up its commitment to pro bono legal services and pledged to provide $250 million worth of services over the next five years to clients in need of free representation.

  • October 18, 2020

    Wilkinson Walsh Helps Mo. Inmates Get Lifesaving Treatment

    In Wilkinson Walsh LLP's first major pro bono case, the litigation boutique joined forces with two nonprofit advocacy groups to win a landmark $50 million settlement in which the Missouri Department of Corrections and its prison health care provider agreed to give inmates suffering from hepatitis C much-needed treatment.

  • October 18, 2020

    Allison Charney On COVID-19's Impact On Medical-Legal Teams

    Allison Charney, the executive director of the Mount Sinai Medical-Legal Partnership, spoke with Law360 about the MLP's work, how the pandemic has affected the patients it aims to help, and what the future holds for these partnerships between health care providers and lawyers that she calls "a vital relationship."

  • October 18, 2020

    New Prosecutors See Justice, Not Convictions, As Their Goal

    Crafting new incentives for career advancement, retraining employees and designating clear objectives are some of the ways to change the culture inside prosecutors' offices following this year's broad calls for racial justice, several prosecutors said during a virtual discussion headed by Stanford Law School.

Expert Analysis

  • Social Distancing And Right To Jury Trial Must Be Reconciled

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    It would seem almost obvious to conclude that the internet and proposed e-courtroom venues may be best suited to promote social distancing while ensuring the uninterrupted constitutional right to a trial by jury, but numerous questions exist, say Justin Sarno and Jayme Long at Dentons.

  • Tips For Prisoner Release Requests During Pandemic

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    The 70 compassionate release rulings issued by federal courts in the past three weeks suggest that the chances of securing release from prison premised on COVID-19 are boosted significantly where the defendant is able to accomplish one or more of three goals, say attorneys at Waller.

  • States Must Toll Court Deadlines To Ensure Access To Justice

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

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