Expert Analysis

• Judges On Race: Reducing Implicit Bias In Courtrooms

  

  With unconscious biases deeply embedded in the court system, judges must take steps to guard against the power and influence of stereotypes during jury selection, evidence admissibility hearings, bail proceedings and other areas of judicial decision making, says U.S. Circuit Judge Bernice Donald.

• Lack Of Access To Remote Court Proceedings Is Inexcusable

  

  Blanket rules that bar recording or dissemination of remote public court proceedings impede presumptive common law and First Amendment right of access, greatly expand courts' powers over nonparties, and likely run afoul of U.S. Supreme Court precedent, says Matthew Schafer at ViacomCBS.

• Countering Racial Bias In Courts Requires Bold Change

  

  A recent review of the New York state court system recommends addressing pervasive racism through anti-bias trainings and better discrimination complaint protocols, but such efforts only scratch the surface of systemic racism in the law, says Jason Wu at the Legal Aid Society.

• In Defense Of Data-Based Pretrial Risk Assessment

  

  Equitable, research-based pretrial prison release decisions are not lucrative for the bail bond industry, which has led to misleading attacks against data-driven assessment tools, say Madeline Carter and Alison Shames at the Center for Effective Public Policy.

• Change The Bankruptcy System To Help End Cycle Of Poverty

  

  Courts must simplify their procedures to make bankruptcy more accessible to those who can't afford lawyers, especially as the pandemic drives bankruptcies to unprecedented levels, says Robert Gordon, a principal at Lerch Early and a former bankruptcy judge.

• Book Review: Did The High Court Cause Mass Incarceration?

  

  William Pizzi's argument in "The Supreme Court's Role in Mass Incarceration" that the U.S. Supreme Court is responsible for the high rate of incarceration is compelling, but his criticism overlooks the positive dimensions of the criminal procedure decisions under Chief Justice Earl Warren, says U.S. District Judge Lynn Adelman of the Eastern District of Wisconsin.

• Pandemic Should Propel New Prison Reforms

  

  Prison releases resulting from coronavirus and earlier legislation proved that not all nonviolent offenders need to be jailed; this should spur penal system reform that includes expanded probationary alternatives, tax incentives for companies that employ ex-offenders and government transparency to ensure unbiased sentencing, says Abbe Lowell at Winston & Strawn.

• Finding A Path Forward To Regulate The Legal Industry

  

  Gerald Knapton at Ropers Majeski analyzes U.S. and U.K. experiments to explore alternative business structures and independent oversight for law firms, which could lead to innovative approaches to increasing access to legal services.

• Remote Court Procedures Can Help Domestic Abuse Victims

  

  Courts have recently adopted remote procedures to make domestic violence victims feel safer during the COVID-19 crisis, but they should consider preserving these trauma-sensitive adaptations post-pandemic as well, say Ashley Carter and Richard Kelley at the DC Volunteer Lawyers Project.

• Law Commission's New Idea For Confiscation Orders Is Unfair

  

  The recent proposal by the Law Commission of England and Wales to recall prisoners who fail to settle their confiscation orders when they have already served a sentence for nonpayment would, in effect, punish them twice for the same act, says Brian Swan at Stokoe Partnership.

• Barrett Should Be Questioned On Children's Access To Courts

  

  At a time when children's lives are so threatened by avoidable climate change chaos, understanding U.S. Supreme Court nominee Amy Coney Barrett's views on what standing future generations have to seek declaratory relief in Article III courts should be an essential part of her confirmation hearings, says Julia Olson at Our Children's Trust.

• A Smarter Approach To Measuring Prosecutorial Success

  

  To improve their ability to dispense justice, prosecutors should measure the efficacy of their work based on metrics such as caseload distribution, timely case handling and racial disparity trends — instead of the traditionally used conviction rates and number of trials, say Anthony Thompson at the New York University School of Law and Miriam Krinsky at Fair and Just Prosecution.

• States Shouldn't Hinder Local Gov'ts In COVID-19 Tenant Aid

  

  In the face of increasing state preemption and absent other government intervention, states should explicitly allow city and county policymakers to help renters in order to avoid a pandemic-prompted eviction crisis, say Emily Benfer at Wake Forest University School of Law and Nestor Davidson at Fordham University School of Law.

• An Abuse Of Prosecutorial Discretion In Breonna Taylor Case

  

  The prosecution's decision in the Breonna Taylor grand jury proceedings to present a crucial, disputed fact — whether the officers knocked and announced themselves when they arrived at Taylor's apartment — as a settled question represents the partiality police officers often enjoy from prosecutors, says attorney Geoffrey D. Kearney.

• Immigration Appeals Proposal Would Erode Due Process

  

  A recent Trump administration proposal to limit appellate review of immigration cases would eviscerate the few existing legal protections for immigrants and asylum seekers at a time when they are already routinely denied due process in court, says Lynn Pearson at the Tahirih Justice Center.