Access to Justice

Expert Analysis

• Immigration Enforcement Under Trump Neglects Rule Of Law

  

  What President Donald Trump and his administration have described as a “humanitarian crisis” at the U.S. southern border is, in reality, a Trump-exacerbated crisis — which demands real solutions, not incendiary rhetoric, cruelty and lawlessness, says David Leopold of Ulmer & Berne.

• Calif. Lawmakers Should Stay Out Of USC Sex Abuse Case

  

  A pending settlement between the University of Southern California and 17,000 former students would resolve claims over the actions of a sexually abusive gynecologist. But proposed state legislation could undermine the settlement, says Shook Hardy partner Phil Goldberg, director of the Progressive Policy Institute’s Center for Civil Justice.

• Utah's Online Dispute Platform Is Streamlining Small Claims

  

  By making small claims litigation cheaper, faster and more convenient, especially for those facing difficulty appearing in court due to work schedules or geographic distances, an online pilot program in Utah is resolving cases that would otherwise go unfiled — or defaulted upon, says Martin Pritikin, dean of Concord Law School at Purdue University Global.

• The First Step Act Is A Major Step For Sentencing Reform

  

  While many have heralded the First Step Act as an example of bipartisan cooperation, the mainstream press has said surprisingly little about the law's specific sentencing improvements — many stemming from recommendations made by the U.S. Sentencing Commission, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

• How To Improve Jurors' Perceptions Of Legal Outcomes

  

  When practitioners use methods to emphasize procedural fairness during jury selection, they can engender more faith in the justice system among potential jurors — which can extend beyond trial, says Natalie Gordon of trial consulting firm DOAR.

• The Role Of Data In An Access To Justice Movement

  

  To change the system, we need the wider community to see beyond personal stories of injustice to the “complete picture” of the lack of access to civil justice. Collecting data, indexing it and making it comprehensible is a key part of painting that picture, say James Gamble and Amy Widman of Fordham Law School's National Center for Access to Justice.

• Changing The Conversation On Bail Reform

  

  Instead of looking at “bail reform” as a choice of bail or no bail, we need to focus on reforming four major aspects of the criminal justice process that lead up to the point of bond determination, says Wilford Pinkney of FUSE Fellows.

• How Do We Know If Prosecutors Are Doing A Good Job?

  

  From Special Counsel Robert Mueller to Chicago prosecutor Kim Foxx, prosecutors are receiving plenty of negative attention in the news, but there is no clear standard for judging prosecutor performance, says Jeffrey Bellin, a professor at William & Mary Law School.

• The Criminal Justice System's Algorithms Need Transparency

  

  Trade secret protections for pretrial risk assessment algorithms must be eliminated, or else criminal defendants will be unable to challenge or even examine the data being used to keep them incarcerated, says Idaho state Rep. Greg Chaney, whose bill forcing algorithmic transparency recently passed the Idaho Legislature.

• Coercive Process For Material Witnesses Needs Reform

  

  The current application of the material witness statute is deeply flawed and antithetical to the fundamentals of American criminal justice, say attorneys with Buckley LLP.