Expert Analysis

• Inmate Release Exhaustion Rule Should Be Waived For COVID

  

  The issue at the forefront of many compassionate release applications during the pandemic has been whether federal courts must wait 30 days before they can rule on them due to the statutory administrative exhaustion requirement, and those 30 days could become a matter of life or death, says Jolene LaVigne-Albert at Schlam Stone.

• COVID-19 Highlights Access Injustice In Personal Bankruptcy

  

  In the age of enforced social distancing, the limits on access to electronic filing means bankruptcy is paradoxically only available to those individuals who can afford it, says Rohan Pavuluri at Upsolve.

• Coping With A Pandemic: Pine Tree's Nan Heald

  

  With distancing and isolation the new norm amid the COVID-19 pandemic, Law360 is sharing reactions from around the business and legal community. Today's perspective comes from Maine-based Nan Heald, executive director at Pine Tree Legal Assistance.

• Social Distancing And Right To Jury Trial Must Be Reconciled

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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.