Expert Analysis

• Inside Immigration Court: The Pros, Cons Of Remote Hearings

  

  Technology introduced during the pandemic has improved the quality and efficiency of virtual immigration court hearings, but concerns still linger over the court system's ability to provide full and complete simultaneous interpretation in these hearings, as well as its effect on due process, says Immigration Judge Mimi Tsankov.

• How Attorneys Can Help Combat Anti-Asian Hate

  

  Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.

• Well-Equipped Public Defenders Can Help Reduce Recidivism

  

  Public defenders are uniquely positioned to connect clients with essential services that are proven to address the root drivers of crime, thus reducing recidivism and promoting public safety — but they need adequate resources to bring about this change, says Emily Galvin-Almanza at Partners for Justice.

• Inside Immigration Court: Making The Case For Bond Release

  

  Immigration Judge Samuel Cole offers a guide to help attorneys practicing in immigration court — against a backdrop of high stakes and fast-moving dockets — better prepare for bond hearings, so proceedings run more smoothly and with less delay.

• LA County Should Loosen Strict Reentry Program Criteria

  

  Los Angeles County’s recent fair chance ordinance proposal is an important step toward reducing recidivism, but the county should also make its reentry programs available to all formerly incarcerated individuals and focus on prerelease job training, say Sophia Lowe, Eleanor Pearson and Samuel Mistrano at USC.

• Why Trump Sexual Abuse Verdict May Be Hard To Replicate

  

  Survivors of sexual assault may be emboldened to file suit after writer E. Jean Carroll’s trial victory against former President Donald Trump, but before assigning too much significance to the verdict, it’s worth noting that the case’s unique constellation of factors may make it the exception rather than the rule, says Jessica Roth at Cardozo School of Law.

• New Ideas For Using Litigation Finance To Close Justice Gap

  

  Bob Koneck at Woodsford outlines new ways in which the growing litigation finance industry could work with foundations, law firms and schools to address the urgent access to justice crisis.

• Meeting The Legal Aid Needs Of Human Trafficking Survivors

  

  Human trafficking survivors have a wide range of unmet legal needs, but there are several ways law firms and attorneys can provide more comprehensive and trauma-informed support, say Sarah Dohoney Byrne at Moore & Van Allen and Renata Parras at Paul Hastings.

• Broader Problems Remain After Justices' DNA Test Ruling

  

  The U.S. Supreme Court’s decision this week in Reed v. Goertz straightforwardly resolves a statute of limitations question on post-conviction DNA testing, but it does not address the underlying issue that judges remain hostile to granting access to new evidence of innocence, much less relief based on that new evidence, says Brandon Garrett at Duke University.

• It's Time For Lawyers To Stand Up For Climate Justice

  

  The anniversary this week of the Deepwater Horizon disaster offers an opportunity for attorneys to embrace the practice of just transition lawyering — leveraging our skills to support communities on the front lines of climate change and environmental catastrophe as they pursue rebuilding and transformation, says Amy Laura Cahn at Taproot Earth.

• Lessons On Litigating Wrongful Death Cases Against The BOP

  

  With the process of litigating wrongful death claims against the Federal Bureau of Prisons littered with roadblocks, attorneys at HWG share some key lessons for navigating these challenges to ensure families can pursue justice for loved ones who died in custody.

• Eviction Cases Need Tiered Legal Help, Not Unlimited Counsel

  

  The concept of right to counsel in civil cases, particularly in the context of evictions, is hotly debated, but rather than giving every tenant full representation regardless of the merits of their case, we should be focused on ensuring that everyone has the right amount of legal help, says Bob Glaves at the Chicago Bar Foundation.

• US Self-Defense Law Is Neither Overly Harsh Nor Disappearing

  

  The inaccurate caricatures of U.S. self-defense law distract us from engaging in a more fully informed debate about the appropriate role of, and justification for, self-defense in a modern, pluralistic society, says Markus Funk at Perkins Coie.

• High Court Death Penalty Ruling Presents A Troubling Future

  

  While the U.S. Supreme Court’s recent decision in Cruz v. Arizona — which said the Arizona high court misinterpreted state criminal procedure and warranted federal review was — came as a pleasant surprise in its prioritization of due process, the 5-4 ruling also portends poorly for the future with a low bar in death penalty cases, says Christopher Durocher at the American Constitution Society.

• What Landmark Ruling Means For Civil Rights Suits In Nevada

  

  The Nevada Supreme Court’s recent ruling in Mack v. Williams ends the use of qualified immunity in the state, and though the defense will likely be revived by the Legislature, the decision provides a framework for litigants to hold state actors accountable for violations of state constitutional protections, says Austin Barnum at Clark Hill.