Illinois is poised to launch an official exploration into opening up the legal profession to nonlawyers, in what some say could be a "tipping point" for such efforts to increase access to legal help, despite heated attorney opposition in places like California.
Violence against Native American women in the United States is at epidemic levels, but tribes can be hamstrung in their ability to confront the problem. While changes to federal law in 2013 represented a step forward for tribes, many are still waiting for a fix.
As Democratic candidates jostle for a chance to face President Donald Trump in next year's election, criminal justice reform has become one of the biggest issues on the campaign trail. Ahead of Thursday's debate, we look at where the 10 leading candidates stand on topics like clemency, bail reform and more.
The Department of Justice reports that there are more pending bids for pardons and commutations than ever before. Why is the process of presidential mercy so backed up — and does the First Step Act offer a new workaround for inmates?
For the second time in three years, a court has told the federal government to stop denying emergency medical care reimbursements solely because a veteran had private insurance pay part of the cost. Thanks to rare class action status, up to $6.5 billion could be paid out to over half a million veterans — if the VA complies.
When Clifford Chance learned that a Polish newspaper was preparing to distribute anti-gay stickers declaring “LGBT-free zone,” attorneys with the firm swung into action and helped put a dent in those plans.
After spending more than a dozen years in prison for a murder he didn’t commit, Hassan Bennett didn’t need to watch Netflix’s recent miniseries on the Central Park Five case to understand the challenges black and brown communities face when forced to go toe-to-toe with the criminal justice system.
Legal aid groups should already be forging relationships with disaster-relief agencies and community groups, as well as educating the public and training volunteers to recognize legal problems, so that when a disaster strikes, they will be poised to start helping right away, according to a new report.
The American Civil Liberties Union on Friday urged a California federal judge to rule that U.S. immigration officials are illegally separating parents from their children based on criminal histories instead of separating families only when a parent is deemed unfit or a danger to their child, saying its present policy is tantamount to "child abuse."
Many cases from Native American reservations end up in federal court, which means indigenous victims, defendants and witnesses travel for hours to testify before jurors who have nothing to do with the community where a crime took place.
Congress and the courts have not only chipped away at the judicial sovereignty rights of tribal governments, they've created a dizzying jurisdictional tangle. Cases now working their way up the courts could make it worse.
Almost half a century after helping to found the Native American Rights Fund in 1971 as a young lawyer, John E. Echohawk is still working to advance the rights of Native Americans and Native tribes.
Tribal communities looking to provide public safety despite a tangled jurisdictional framework have sometimes relied on cross-deputization agreements with county sheriffs, which experts say can be a big help. But they don’t work everywhere.
Recent decisions by the Fifth Circuit that aspects of the funding system for New Orleans criminal courts are unconstitutional represent major victories in the push to curb the use of fines and fees in the criminal justice system — and highlight how far court challenges to alleged abuses have come, advocates say.
A New York judge has certified a class of individuals who contend the New York City Police Department has unlawfully used information contained in their sealed arrest records when investigating other cases.
The lack of funding for court-appointed attorneys and public defenders is a familiar story across the United States, but it's an issue that experts say is particularly pronounced in Pennsylvania and is expected to factor prominently into arguments the state's Supreme Court is set to hear on Wednesday over whether the death penalty should be declared unconstitutional.
With a law designed to combat rape kit backlogs set to expire at the end of the month, Debbie Smith, a survivor of sexual assault and the statute's namesake, joined advocates on Friday to urge Congress to renew the measure and continue a funding stream that has helped catch assailants.
While prison authorities often tout access as one goal of their law library programs, prisoners and their advocates say they don’t have enough resources, the resources aren’t timely enough and they are too restricted in their ability to use the facilities.
The author of “Charged: The New Movement to Transform American Prosecution and End Mass Incarceration” talks to Law360 about the rise of progressive prosecutors — and why recent comments by the U.S. attorney general don’t necessarily reflect the national pulse.
A 19-year-old refugee fleeing police beatings in Honduras was just one of many cases a Fried Frank attorney encountered when she went to the Texas border, where she said the need for legal representation is enormous beyond words.
When a bank robbery suspect's face tattoos didn’t appear in eyewitness descriptions or security camera footage, police edited them out of his mugshot in a photo lineup. The case highlights a controversial practice that might be more common than people realize.
Cleveland is the latest in a series of municipalities across the country that are considering — or have already created — a right to counsel for certain individuals who face eviction, a move that advocates hope will prevent housing problems from spawning other economic and health woes for families.
As contenders for the 2020 Democratic presidential nomination talk criminal justice reform, the backgrounds of federal judges are getting fresh attention.
The Trump administration’s move to lift restrictions on the indefinite detention of immigrant families is unlikely to survive anticipated legal challenges, if courts agree with immigrant advocates that it violates a decades-old agreement, constitutional due process and administrative law.
Following a public outcry and high-profile resignations over the treatment of victims in Jeffrey Epstein’s 2007 plea deal, a district attorney in North Carolina faces an ethics complaint for allegedly keeping a child rape victim in the dark. Is this a new era of prosecutor accountability for victims’ rights?
Prosecutors have huge power, and when they are overworked and dealing with high caseloads, those problems can have a ripple effect throughout the criminal justice system.
Hundreds of child abuse lawsuits poured into New York state courts last week as the Child Victims Act went into effect, but attorneys said they were also pacing themselves for a longer rollout as a one-year door opened for older people to file suits against their childhood abusers.
Two lawsuits that allege Chicago’s Cook County allows men in detention to sexually harass female attorneys and guards have reached a major milestone with possible ramifications for thousands of women working in the county's jail facilities.
Having spent time as a social worker and as a solo law practitioner, Fred Rooney has a handle on the world’s unmet legal needs. He believes helping young lawyers start community-based practices is a crucial step to increasing access to justice for all.
Real justice means having access to fair and independent courts, but that will only be a reality when Congress bans predispute, forced arbitration under federal law with the Forced Arbitration Injustice Repeal Act, which passed the House on Friday, says Patrice Simms at Earthjustice.
As both a federal prosecutor and a member of the Choctaw Nation, I am proud of the U.S. Department of Justice's current efforts to address crime in Indian Country while respecting tribal sovereignty, says Trent Shores, U.S. attorney for the Northern District of Oklahoma.
If women and men who bring sexual harassment allegations in court will ever have a level playing field with their alleged harassers, the rules regarding what evidence is relevant in a sexual harassment trial must be changed, says John Winer at Winer Burritt.
As a result of a novel class action, hundreds of New Yorkers' old convictions for marijuana-related crimes are being sealed, an important step toward a more equal justice system where the needless collateral consequences of marijuana criminalization are eliminated, says Manhattan District Attorney Cy Vance Jr.
The U.S. Department of Justice's recent petition to decertify the National Association of Immigration Judges on the grounds that members are “management officials” and precluded from unionizing is part of a continuing effort to curb judicial independence in immigration court, says former immigration judge Jeffrey Chase.
Based on my research into the electronic monitoring technologies that are increasingly becoming part of the criminal justice system, it is clear that they must be regulated, just as medical devices are, says Shubha Balasubramanyam of the Center for Court Innovation.
At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.
When litigating sexual assault cases that result in settlement, plaintiffs attorneys should thoroughly investigate how the plaintiff's medical bills were paid, and proactively prepare for insurers' potential health care liens, says Courtney Delaney of Epiq.
The last two years have been a watershed moment for bipartisan criminal justice reform, but with one swift edict — the July 25 announcement that federal executions will be reinstated after 16 years — the Trump administration risks throwing this forward momentum into reverse, says Laura Arnold of Arnold Ventures.
The Second Circuit's decision in United States v. Boustani correctly identifies the dangers of a "two-tiered" bail system, but the proper solution is to make bail more accessible to everyone, not to fewer people, says Alexander Klein of Barket Epstein.
The divided decision by the Fourth Circuit issued earlier this month in Overbey v. Baltimore raises many concerning questions about the potential First Amendment implications of nondisparagement clauses in government settlement agreements, says Alan Morrison of George Washington University School of Law.
Although the U.S. Supreme Court reversed and remanded Curtis Flowers' murder conviction in Flowers v. Mississippi, history may simply repeat itself once again unless the legal industry does more as a profession to combat discrimination and use ethics rules for their intended purpose, says Tyler Maulsby of Frankfurt Kurnit.
Contrary to Wednesday's op-ed in the New York Times, which refers to pretrial risk assessment tools as "a real-world 'Minority Report'" that doesn't work, these tools and the promise they hold to improve judges’ and magistrates’ decision-making processes should not be dismissed simply because they aren’t yet perfect, say professors at North Carolina State University and Duke University.
The New York Appellate Division decision last week in Reif v. Nagy — in favor of the heirs in a Holocaust looted-art claim — is noteworthy because of the manner in which it rejected the defendant’s claim of laches, just a few weeks after the Second Circuit had dismissed a Holocaust looted-art claim on those very grounds, says Martin Bienstock of Bienstock.
As the problem of modern slavery persists, U.K. companies must take a broad approach when rooting out slave labor in their supply chains, and should not ignore the risk posed by suppliers within the U.K., says Maria Theodoulou of Stokoe.