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Access to Justice

  • April 18, 2024

    NYC Bar Rips Hochul Plan To Divert Client Trust Interest Cash

    The New York City Bar Association urged Gov. Kathy Hochul Thursday to reconsider her "eleventh-hour" renewed plan to divert $55 million in interest earned on lawyer trust accounts that typically goes toward legal aid for low-income New Yorkers, saying the "deeply troubling" move undermines the independence of the legal profession.

  • April 18, 2024

    BYU Law Students Develop 2 Access-To-Justice Tools

    Brigham Young University Law School announced this week the development of two new legal technology solutions, one intended to make assigning community service more efficient and the other used to generate divorce documents.

  • April 17, 2024

    'It Has To End': Justices Mull Finality In 32-Year Murder Saga

    In its second review of drug-fueled, baseball bat killings during the presidency of George H.W. Bush, the U.S. Supreme Court on Wednesday pondered steering an Arizona man's capital punishment challenge toward conclusion, perhaps by handling evidentiary tasks normally left to lower courts.

  • April 17, 2024

    Sentencing Commission Limits Acquitted Conduct Sentencing

    The U.S. Sentencing Commission on Wednesday voted to restrict the controversial practice of considering acquitted conduct in federal sentencing, and floated the possibility of applying the change retroactively.

  • April 17, 2024

    Justices Rule Criminal Forfeiture Deadline Isn't Absolute

    The U.S. Supreme Court held Wednesday that courts can issue forfeiture orders at sentencing in criminal cases even if prosecutors fail to submit a draft request prior to the court-ordered date, ruling noncompliance with the rule doesn't strip judges of the authority to direct defendants to hand over ill-gotten gains.

  • April 15, 2024

    Justices Wary Of Strict Limit On Malicious Prosecution Cases

    Several U.S. Supreme Court justices appeared open Monday to the idea that a charge made without probable cause can be grounds for a malicious prosecution civil suit even if another charge with valid probable cause accompanied it, but without a clear consensus on a precise boundary.

  • April 15, 2024

    Sotomayor, Jackson Dissent As Court Rejects Capital Cases

    In a pair of dissents, Justices Ketanji Brown Jackson and Sonia Sotomayor on Monday broke with a majority of their colleagues on the U.S. Supreme Court who declined to hear two death penalty cases.

  • April 11, 2024

    Prison Racial Gap Narrowing, No Thanks To Reforms, Study Says

    A wide range of changes to criminal sentencing laws that most states have adopted in the last two decades did not play a major role in the reduction of Black-white disparity in imprisonment seen between 2000 and 2020, according to a study released Thursday by the Council on Criminal Justice.

  • April 10, 2024

    No Damages After Drug Lab Scandal Sinks Case, Court Says

    A Massachusetts man is not entitled to compensation from a fund for exonerees after his 2006 heroin distribution conviction was among thousands of drug cases vacated due to misconduct by a chemist at the state crime lab, an intermediate appeals court said Wednesday.

  • April 09, 2024

    Mo. Gets OK To Execute Man Repped By Flat-Fee Lawyers

    The U.S. Supreme Court on Tuesday declined to halt the looming execution of a convicted murderer who claimed that his attorneys' flat-fee contracts incentivized them to push him to plead guilty before they secured promises from prosecutors not to pursue a death sentence.

  • April 08, 2024

    Calif. Legal Aid Group Leader On Fighting For Those With HIV

    Matt Foreman, the new executive director of San Francisco's AIDS Legal Referral Panel, talks with ¼«ËÙÈü³µ Pulse to discuss the ongoing challenges faced by people living with HIV and how the organization assists them.

  • April 05, 2024

    Do New Laws Seek To Regulate Charitable Bail, Or End It?

    New legislation aimed at curtailing — some say criminalizing — the use of charitable bail is being considered in multiple states, where the bills' advocates say they're necessary to address crime, but bail reform activists insist they perpetuate an inequitable bail system that makes freedom dependent on wealth.

  • April 05, 2024

    Study Shines Light On Excessive NY Prison Sentences

    A recent report shining a light on excessive felony prison sentences handed down by more than 140 trial judges in New York over a 16-year period has experts and advocacy groups calling for increased transparency to help ensure that courts are imposing fair penalties on criminal defendants in the Empire State.

  • April 05, 2024

    Flat-Fee Representation Fuels Man's Bid To Avoid Execution

    As his execution date approaches on April 9, Brian Joseph Dorsey, who was sentenced to death for first-degree murder in Missouri, has asked the U.S. Supreme Court to find that his trial attorneys' flat-flee contracts resulted in inadequate legal representation that has left him doomed to die.

  • April 04, 2024

    New Leader Discusses The Next Era For NY Federal Defenders

    The Federal Defenders of New York has chosen its new leader, elevating its director of strategic litigation to become the first Black woman serving as the federal public defense organization's executive director.

  • April 01, 2024

    BOP Drops Accreditation Org After IG, Sens. Raise Concerns

    The Federal Bureau of Prisons has let its $2.75 million contract with its accreditation organization expire, after a group of Democratic lawmakers and the bureau's watchdog raised concerns that the group wasn't effective or objective.

  • March 27, 2024

    Associates Help Ga. Prisoner Beat The Odds In Court

    When a team of mostly associates at Kirkland & Ellis LLP and Bondurant Mixson & Elmore LLP took on the civil case of a Georgia prisoner who had developed stage 4 hepatitis C as he waited five years for prescribed treatment, they expected they'd have their work cut out for them.

  • March 26, 2024

    'Landmark' Trans Women Prison Housing Deal Gets Final OK

    A Colorado state judge on Tuesday approved a consent decree between the state and a class of transgender women who sued over dangerous housing conditions in state prisons and now hope the plan to accommodate their needs will spread to other states.

  • March 25, 2024

    Justices Nix Lenient Drug Sentence After 'Safety Valve' Ruling

    The U.S. Supreme Court on Monday vacated a 100-month sentence given to a woman who pled guilty to drug offenses and remanded the case to the Fourth Circuit after the justices recently clarified which defendants qualify for "safety valve" relief under a 2018 federal law.

  • March 22, 2024

    MoFo Helps Secure $2B For Calif.'s Forgotten Students

    Morrison & Foerster recently helped nab a historic $2 billion settlement to help roughly a million California students — disproportionately from Black, Latino and lower-income families — who say the state failed to provide them meaningful instruction once the COVID-19 pandemic began.

  • March 22, 2024

    Living With Death: How Judges Experience Capital Cases

    When presiding over death penalty cases, judges are called to set aside their political and moral beliefs, and shut out their emotions. It’s easier said than done.

  • March 22, 2024

    Milbank Pro Bono Counsel On Leading By Example

    Milbank LLP attorneys logged more than 54,000 hours of pro bono work across the firm's 12 offices worldwide in 2023, with 96% of its lawyers in the U.S. volunteering their time. According to Anthony Perez Cassino, the firm's pro bono counsel, it's a commitment to public service work that starts at the top.

  • March 20, 2024

    Study Sees Promise For Gen AI Tools In Closing Justice Gap

    Widespread access to generative artificial intelligence tools could help increase access to justice for low-income Americans, according to a new study that found these tools largely boosted productivity for legal aid lawyers.

  • March 20, 2024

    US Senators Seek Clemency For Native American Activist

    A group of mostly Democratic senators is urging U.S. Attorney General Merrick Garland to release compassionately a Native American activist who is serving a life sentence for his alleged involvement in the 1975 murder of two FBI agents, saying he is suffering from severe health conditions and should be able to live out his remaining days among his own people.

  • March 18, 2024

    Connecticut Exonerees Ask Lawmakers For Help After Prison

    The Connecticut Legislature's joint judiciary committee is considering sweeping changes to the way the state compensates exonerated convicts, and three men who each served more than 18 years in prison urged lawmakers Monday to make one edit that would apply the bill to pending state-level claims.

Expert Analysis

  • How We Can Equip Our Future Lawyers To Confront Injustice

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    Law professors must fill gaps in the U.S. legal curriculum by teaching cases and legal theories that can help students understand how the legal system and institutional structures perpetuate inequalities, says Jocelyn Getgen Kestenbaum at the Benjamin N. Cardozo School of Law.

  • NY Ethics Rule Change Is Good News For Public Interest Attys

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    Lawyers have always bumped up against a professional conduct rule that prevents them from providing financial help to low-income clients, but New York's pandemic-prompted exception to the rule is a positive step toward mitigating the many hidden expenses that separate rich and poor litigants, say Sateesh Nori and Anita Desai at the Legal Aid Society.

  • History Tells Us Black Americans Need Better Legal Protection

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    Eliminating the legacy of slavery will not be the work of a day or a year, but there are concrete measures Congress can and should take immediately to extend the protection of the law to all Americans, says Jeff Powell at Duke University School of Law.

  • Okla. Offers Glimpse Of Eviction Challenges Amid Pandemic

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    Even in a small state such as Oklahoma, one of the first to reopen amid the pandemic, courthouses are facing the herculean challenge of conducting an escalating number of eviction cases under great restrictions — and it will be worse in larger states, says Keri Norris at LegalShield.

  • How Attys Can Help As Addiction Cases Rise Post-Pandemic

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    The increase in alcohol and drug consumption during the pandemic is predicted to result in an influx of legal cases, but attorneys can establish a solid defense by ensuring their clients begin the journey to recovery, says Sue Bright at New Directions for Women.

  • Police Reform Should Curtail, Not Codify, Qualified Immunity

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    The Justice in Policing Act passed by the House last week and intended to roll back qualified immunity protections for police officers is not perfect, but it is progress compared to the failed Reforming Qualified Immunity Act that would have clandestinely strengthened the barriers shielding officers from liability, says Edward Ibeh at Akerman.

  • We Must Do Better Than Hasty Police Reforms

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    Lawmakers are racing to enact police legislation in response to the killings of George Floyd and Breonna Taylor, but this once-in-a-generation opportunity cannot be squandered by hastily drafted bills and rushed changes, says Marisa Darden at Squire Patton.

  • Unfairness In Prisoner Litigation Is Baked Into Statute

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    Inmate litigants have a new hurdle to clear because of the U.S. Supreme Court's decision this month in Lomax v. Ortiz-Marquez, but the court merely did as Congress said in the Prison Litigation Reform Act, says David Shapiro at the Roderick and Solange MacArthur Justice Center.

  • Police Reform Must Also Address Federal Law Enforcement

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    The recently introduced Justice in Policing Act is an important step against police brutality, but without express accountability for federal agents, the bill fails to address a gaping hole in the law, says Cori Alonso-Yoder at the American University Washington College of Law.

  • Extended State Foster Care Is A Necessity During COVID-19

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    Foster children turning 18 in the midst of the pandemic are extremely vulnerable to homelessness and exploitation, so states have an obligation to issue moratoriums on discharging young adults from their care, says Alexandra Dufresne at Zurich University.

  • 'Unauthorized Practice Of Law' Rules Promote Racial Injustice

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    By prohibiting nonlawyer professionals from providing meaningful legal assistance, state rules on unauthorized practice of law guarantee that black Americans don't have equal opportunities and rights under the law, and every state supreme court and bar association has the duty to reform them, says Rohan Pavuluri at Upsolve.

  • COVID-19 Crisis Brings Opportunity To Improve Legal Aid

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    The legal community must figure out how to use the adaptations necessitated by the pandemic to permanently improve the legal services delivery model and narrow the justice gap, says Rebecca Rapp at Ascendium Education Group.

  • Illinois Must Do More To Protect Consumers In Debt

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    A recent Illinois Supreme Court order limiting debt collectors' ability to freeze personal bank accounts during the pandemic is progress, but it does not solve the underlying issue that debt courts are rigged against low-income people, says Ashlee Highland at CARPLS Legal Aid.

  • The Case Against Solitary Confinement During Pandemic

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    Prisons and corrections systems must ensure that medical isolation during the pandemic does not devolve into prolonged solitary confinement that unduly burdens the individual liberty of people behind bars, says Marc Levin at the Texas Public Policy Foundation.

  • Coping With A Pandemic: McCarter & English's Abdul Rehman

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    As society continues to adapt to COVID-19, ¼«ËÙÈü³µ is sharing reactions from around the business and legal community. Today's perspective comes from Newark-based Abdul Rehman Khan, pro bono fellow for the city of Newark at McCarter & English.

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