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Access to Justice
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December 07, 2022
Scandal-Plagued DC Housing Agency Faces Reform Demands
The independent government agency that manages thousands of affordable public housing units and the housing voucher program in the nation's capital faces a growing chorus of demands for reform amid accusations of far-reaching mismanagement and corruption and deeply rooted funding problems.
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December 02, 2022
In Justice Reforms, Court Communities Are Often Overlooked
A senior policy advisor to the National Institute of Justice's Office of Research, Evaluation, and Technology stressed considering the roles of local courtroom communities when legislatures design criminal justice reforms in a study published this week that explores local practices' influence on criminal case processing and sentencing outcomes.
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December 02, 2022
Screening, Supervision Key To Avoiding Pro Bono Errors
Accusations of malpractice in pro bono cases, while rare, can be avoided by carefully vetting such cases, researching unfamiliar practice areas and being sure to supervise newer attorneys, experts say.
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December 02, 2022
Morgan Lewis Helps Free Man Convicted By DA Misconduct
A team of Morgan Lewis & Bockius LLP attorneys recently helped a pro bono client who was wrongfully convicted of a New Orleans murder during an era of prosecutorial misconduct walk out of prison a free man after 35 years at Angola State Penitentiary.
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December 02, 2022
7th Circ. To Decide Which Groups Can Pay Bail In Indiana
The Bail Project, an organization that bails criminal defendants out of jail for free in 20 states in service of a mission to abolish cash bail, is heading to the Seventh Circuit next week to challenge an Indiana law that it says unfairly restricts its ability to release indigent defendants back to their communities.
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December 01, 2022
Del. Stands Out Among States In Curbing 'Unjust' Fines, Fees
The national outlook for doing away with "unjust" judicial fines and fees remains grim, but Delaware showed significant strides by making key reforms during the past year, an access to justice watchdog said in a report released Thursday.
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November 29, 2022
Georgetown Law Program Will Embed Technologists In Courts
Georgetown University Law Center on Tuesday announced the launch of a new fellowship that will embed technologists and software designers in state, local and tribal courts in order to develop tech-based solutions to improve access to the judicial system.
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November 18, 2022
Hotels' Push To Counter Sex Trafficking Wins Mixed Reviews
Amid a growing wave of criminal and civil suits aimed at hotels for alleged facilitation of sex trafficking, the hospitality industry has embraced a more proactive approach to identifying and responding to the crime. Here, Law360 looks at the focus of such efforts as well as their strengths and weaknesses.
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November 18, 2022
Justice Center Leader's Journey From Prison To Changemaker
Derrick Hamilton, deputy director of Cardozo School of Law's Perlmutter Center for Legal Justice, studied law while in prison and won his own exoneration after serving a 21-year sentence. Today, he hopes to make big changes in the justice system to ensure others don't need to do the same.
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November 18, 2022
Ending Cash Bail In Illinois Brings Hope, Lawsuits, Confusion
Money will no longer determine whether someone in Illinois stays in jail while facing charges starting Jan. 1, a monumental shift cheered by criminal justice advocates and denounced by prosecutors who have filed dozens of lawsuits as the state prepares to be the first in the U.S. to entirely eliminate cash bail.
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November 18, 2022
Boies Schiller Helps Florida Kids Get Better Medicaid Care
A team of Boies Schiller Flexner LLP attorneys recently wrapped up a 16-year pro bono battle with the state of Florida where they fought to expand benefits for 2 million children who depend on Medicaid for their health and dental care.
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November 18, 2022
How This Ex-3rd Circ. Judge Is Helping Former Prisoners
Former federal Judge Thomas I. Vanaskie was instrumental in building two reentry programs for formerly incarcerated people, and he's still helping their participants rejoin society even after leaving the bench.
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November 17, 2022
Key Issues Emerge Around Hotels' Liability For Sex-Trafficking
For hotel owners and operators, accusations of involvement in the sex trade run the gamut — from being an unwitting accomplice to turning a blind eye to active complicity. While litigation in the space is still evolving, Law360 assesses early trends and emerging legal questions.
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November 17, 2022
Texas Mulls More Non-Attorney Help For Low-Income Clients
The State Bar of Texas alerted its members Thursday that a state commission is looking into providing more access to legal services, including using non-attorneys, for low-income parties in the Lone Star State after the Supreme Court of Texas sent a letter encouraging proposals.
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November 17, 2022
Career DOJ Atty Tapped For New Environmental Justice Office
The U.S. Department of Justice has tapped a longtime veteran to serve as the first permanent director of the newly established Office of Environmental Justice.
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November 16, 2022
Hotels Face New Risks As Women Travel For Abortions
Abortion-related travel has been rising ever since the U.S. Supreme Court overturned Roe v. Wade, and hotels may get swept into criminal investigations of women who cross state lines to get abortions as laws change around the country, lawyers warn.
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November 16, 2022
Reforms Urged As Mich. Debt Collection Caseload Grows
Debt collection lawsuits are "dominating" Michigan's civil court system and the state should do more to help debtors defend themselves in court, a Michigan Supreme Court commission said Wednesday.
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November 16, 2022
Despite Reforms, Parolees Had Trouble Voting In Midterms
Even though years have passed since some states restored voting rights to parolees, flawed implementation led to confusion that prevented some from voting in the midterm election last week, activists said at a virtual event.
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November 01, 2022
Justice Jackson Warns Of Roadmap For States To Defy Court
Justice Ketanji Brown Jackson said Tuesday that if the U.S. Supreme Court sides with Arizona in a capital case over whether a death row inmate was properly denied post-conviction relief, the ruling could give states a roadmap for defying the high court's criminal law decisions.
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October 31, 2022
Legal Services Orgs Partner To Streamline Pro Bono Process
Pro bono management platform Paladin and case management company LegalServer will integrate their systems as part of a partnership with Legal Aid Chicago to streamline service to indigent clients, Chicago's largest legal services organization said Monday.
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October 28, 2022
Habeas Case May Open Prison Door For Retroactive Innocents
When the Supreme Court rules on criminal law, it sometimes makes prisoners retroactively innocent of their crimes. This court term, in a case involving a Missouri man imprisoned for over 20 years for possessing a gun as a felon, the court will clarify whether federal prisoners can file writs of habeas corpus after new case law makes them legally innocent.
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October 28, 2022
Implicit Bias Jury Instructions: Coming To Military Courts?
Implicit bias jury instructions, which are widely used by civilian courts to educate jurors about their inherent biases, could be coming soon to court-martial proceedings following significant changes to the military justice system over the last year.
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October 28, 2022
Miriam Krinsky On The Work Of Reform-Minded Prosecutors
Miriam Krinsky, executive director of the nonprofit organization Fair and Just Prosecution, recently came out with a book examining prosecutors throughout the U.S. who have used the power of their offices to pursue reforms in the criminal justice system. Here, Krinsky discusses the experiences of these prosecutors and the future they are trying to build.
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October 28, 2022
Gibson Dunn Adds Ex-European Human Rights Court Judge
The former president of the European Court of Human Rights will join Gibson Dunn & Crutcher LLP's London office next year, the firm said Thursday.
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October 28, 2022
'Chosen' Families Face Legal Hurdles, Outdated Laws
Those living in chosen families, such as same-sex couples, unmarried partners, triads and platonic co-parents, often face legal challenges posed by the law's outdated definition of family. Some attorneys are working to fix that.
Expert Analysis
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Blockchain Can Empower Stateless Refugees
Innovative blockchain-based projects providing stateless refugees with forms of identification, digital assets and educational opportunities could change the rules for this vulnerable population, say Amy Schmitz of the University of Missouri School of Law and Jeff Aresty of Internetbar.org.
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How State Courts Are Fighting Our National Opioid Epidemic
Loretta Rush, chief justice of Indiana and co-chair of the National Judicial Opioid Task Force, discusses how state courts can facilitate a successful policy response to the opioid epidemic.
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How The 3rd Generation Of Bail Reform Imploded
Thirty-four years after the passage of the Federal Bail Reform Act of 1984, we have finally seen the implosion of this misguided attempt at justice, says Jeffrey Clayton, executive director of the American Bail Coalition.
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Class Cy Pres Settlements Are A Troubling Practice
Class actions are often touted as a powerful mechanism for access to justice, but is this true when there is zero chance of recovery for class members? asks Mary Massaron, a partner at Plunkett Cooney PC and former president of Lawyers for Civil Justice.
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The Pro Bono Law That United Congress
Those who perpetrate crimes are guaranteed the right to counsel, but victims of domestic violence and sexual assault are not. With the unanimously passed Pro Bono Work to Empower and Represent Act, I envision an army of lawyers helping break the cycle of abuse, says Sen. Dan Sullivan, R-Alaska.
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Aggressive Stops And Frisks Won't Make Chicago Safer
Speaking recently to the International Association of Chiefs of Police, President Donald Trump called for stop-and-frisk practices in Chicago to reduce violent crime. But beyond the negative consequences of this approach, data supporting its effectiveness is sparse, say Dr. Tara Lai Quinlan and Northeastern University School of Law professor Deborah Ramirez.
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How BigLaw Pro Bono Pros Can Promote Access To Justice
Allegra Nethery, president of the Association of Pro Bono Counsel, discusses opportunities for large law firms to make a difference.
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The Pro Bono Policies Worth Adopting In Every State
A recent survey of attorneys across the country found that, despite broad opposition to mandatory pro bono, strong support exists for a number of statewide policies and initiatives to more effectively engage the private bar in pro bono work, says Latonia Haney Keith, associate dean of academics at Concordia University School of Law.
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Using The Constitution To End Punishment Of The Poor
One hundred and fifty years after the ratification of the Fourteenth Amendment, lawyers are achieving real victories on the ground with new constitutional theories striking at both inequality and unfair process, says Brandon Garrett of Duke University School of Law.