Access to Justice

  • November 13, 2025

    DOJ Sues Newsom Over Prop 50 Redistricting Plan

    California's voter-approved Proposition 50 plan for new congressional districts mandates "racial gerrymandering" in favor of Hispanic voters in violation of the equal protection clause, the U.S. Department of Justice alleges in a federal lawsuit filed Thursday against Gov. Gavin Newsom.

  • November 12, 2025

    Justices Hint Early Release Factors 'Countermand' Congress

    Justices in the U.S. Supreme Court's conservative faction questioned Wednesday whether the U.S. Sentencing Commission overstepped when it said reductions in mandatory minimum sentences could be part of a court's consideration when weighing "compassionate release" for federal prisoners.

  • November 10, 2025

    NY Jury Awards $112M To Migrants Detained Unlawfully

    A New York federal jury on Friday found Suffolk County and the Suffolk County Sheriff's Office liable for violating the due process rights of a class of hundreds of migrants detained past their release dates on behalf of federal immigration authorities, awarding the immigrants $112 million in damages.

  • November 10, 2025

    'Extraordinary' NC Atty Janet Ward Black Dies At 66

    Prominent North Carolina personal injury attorney Janet Ward Black, who founded the Greensboro firm Ward Black Law, has died at 66.

  • November 07, 2025

    Up Next At High Court: Religious Rights & Gov't Contracts

    The U.S. Supreme Court will return Monday for a short week of arguments, in which the justices will consider whether state and local government officials can be held personally liable for alleged religious rights violations, and whether government contractors are entitled to immediately appeal denials of derivative sovereign immunity.

  • November 07, 2025

    Can States Prosecute ICE Agents? It Depends

    Video showed a masked federal agent walking out of the gates of an Immigration and Customs Enforcement facility in Durango, Colorado. He stepped around a small line of protesters seated on the street and lumbered past a petite, gray-haired woman as she recorded him on her smartphone last month.

  • November 07, 2025

    Dems' Bill Would Give DHS Detainees Right To Talk To Atty

    Democratic lawmakers unveiled a bill Friday that would guarantee immigrant detainees the right to contact their families and speak to legal counsel in custody, amid the Trump administration's push to ramp up major enforcement efforts that have led to arrests of people while dropping off children at school or grocery shopping.

  • November 07, 2025

    University Blocks Trans Athlete, Citing Trump Executive Order

    A transgender sprinter is suing Rensselaer Polytechnic Institute, claiming that the school violated New York state law by barring her from competing in a track event out of "fear" of going against President Donald Trump's executive order banning transgender athletes from women's sports.

  • November 06, 2025

    Okla. Pardon Board Recommends Commuting Death Sentence

    The Oklahoma Pardon and Parole Board on Wednesday recommended that the death sentence of a man whose 2004 conviction was clouded by evidence of inadequate counsel representation, claims of prosecutorial misconduct and racial bias be commuted to one of life without possibility of parole, one week before his scheduled execution.

  • November 06, 2025

    Justices Say Trump Admin Can Implement Trans Passport Ban

    The U.S. Supreme Court on Thursday ruled that the U.S. Department of State can stop issuing passports to transgender and nonbinary individuals that reflect their gender identity, lifting a nationwide order that required the Trump administration to continue the longtime policy pending litigation.

  • November 05, 2025

    Mass. Justices Consider Raises To Address Counsel Shortage

    Justices on Massachusetts' highest court grappled at a hearing Wednesday with its ability to address an ongoing shortage of attorneys willing to represent indigent defendants, after lawyers in two of the state's busiest counties stopped taking cases in May in protest over the low pay compared with other states.

  • November 04, 2025

    4 Sue Mormon Church Over 'Known Pedophile' High Priest

    Four men are suing the Church of Jesus Christ of Latter-Day Saints in the state of Washington, alleging the church reinstated a known pedophile to the position of high priest without warning members, allowing him to continue sexually abusing children as young as 5 years old. 

  • November 04, 2025

    Wash. AG Launches Public Records Unit To Up Transparency

    The Washington State Office of the Attorney General is launching a new unit designed to expand access to government records, the office announced on Tuesday, noting that public records requests in the state have nearly doubled over the past decade.

  • November 03, 2025

    Mich. Justices To Review If Indigent Defendant Must Pay Atty

    Michigan's highest court has said it will review a judge's decision to order a homeless man convicted of assault to pay his court-appointed counsel.

  • November 03, 2025

    New Loan Forgiveness Rule Targets Trump Critics, States Say

    Two lawsuits filed Monday, one by a coalition of states and the other by a group of cities, unions and advocacy organizations, are challenging a new Trump administration rule imposing "intentionally vague" and allegedly illegal restrictions on student loan forgiveness for public employees intended to stifle dissent.

  • October 31, 2025

    First Trans Judge In Mass. Advocates Courtroom Courtesy

    Boston Municipal Court Judge Connor M. Barusch spent nearly two years navigating the complicated process to become a judge in Massachusetts. In this interview with Law360, they say their path to becoming the first judge in state history who identifies as nonbinary and transgender will help diversify the bench and better serve the community.

  • October 31, 2025

    Judges See An Immigration Court Gutted From Inside

    Eight former immigration judges who spoke to Law360 say the rough treatment of the immigration courts in President Donald Trump's second term poses an unprecedented threat to judicial independence and is eroding immigrants' due process rights.

  • October 31, 2025

    New Rule Limits Loan Forgiveness For Public Service Workers

    The Trump administration has finalized a rule to limit who can qualify for a federal student loan forgiveness program that has been a key incentive for attorneys to pursue public service and nonprofit careers.

  • October 30, 2025

    Legal Aid Of NC Shutters 2nd Office Amid $6M Funding Freeze

    Legal Aid of North Carolina has shut down a second office in one of the state's poorest counties in response to a freeze on more than $6 million in grant assistance the nonprofit gets from the North Carolina Interest on Lawyers' Trust Accounts, or NC IOLTA — its second-largest funding source.

  • October 29, 2025

    NYC Sued Over 'Voyeuristic' Police Surveillance System

    A Brooklyn couple has filed a federal lawsuit alleging New York City uses a "voyeuristic" police surveillance system on all visitors and residents, which includes two police cameras that are aimed at the couple's bedroom and living room windows.

  • October 28, 2025

    26 AGs Sue USDA Over Suspension Of Nutrition Benefits

    The U.S. Department of Agriculture's decision to suspend Supplemental Nutrition Assistance Program benefits amid the ongoing government shutdown is an abuse of discretion that threatens to take food away from millions of people, according to a lawsuit filed Tuesday by 25 states and the District of Columbia.

  • October 27, 2025

    Ga. State Judge Wrongly Jailed Woman, Suit Alleges

    An Alabama woman has claimed that a Georgia state judge violated her constitutional rights by improperly jailing her when she was a witness in the judge's courtroom, a move that came as a state commission is seeking the judge's removal from the bench over that and other alleged misconduct.

  • October 23, 2025

    Alabama Carries Out 7th Nitrogen Gas Execution

    The state of Alabama executed a man through nitrogen gas suffocation Thursday evening after the U.S. Supreme Court declined to intervene, marking the state's seventh execution using the controversial method that an increasing number of states have adopted in recent years.

  • October 23, 2025

    DOJ Seeks To End Suit Over Tying Victim Aid To Immigration

    The U.S. Department of Justice urged a Rhode Island federal judge to dismiss a suit lodged by Democratic-led states, saying the challenge to a policy barring federal grant funds from covering legal services for unauthorized or removable immigrants belongs in federal claims court.

  • October 22, 2025

    Mass. Inmate's Claim Over Denied Photocopies Can Continue

    A transgender woman incarcerated at a men's prison, where she was allegedly illegally denied photocopies needed to fight her murder conviction, shouldn't have her suit against the Massachusetts Department of Justice dismissed, the state's intermediate-level appeals court ruled Wednesday, saying that her rights were potentially violated.

Expert Analysis

  • Addressing Modern Slavery Inside And Outside The UK

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    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.

  • High Court's Juror Exclusion Ruling Does Not Do Enough

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    In Flowers v. Mississippi, the U.S. Supreme Court extended the rhetoric that exclusion of even one juror based on race is unconstitutional, but without further guidance, the principle the court seeks to uphold will continue to falter, says Kate Margolis of Bradley Arant.

  • Artisanal Miners' Roadblocks To Justice: Is A Path Clearing?

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    Efforts to give small-scale gold miners, who face displacement, pollution and violence at sites around the world, access to fair and functioning justice systems have met with apathy from politicians and fierce resistance from powerful business lobbies, but there are signs that this may be changing, says Mark Pieth, president of the Basel Institute on Governance.

  • High Court Ruling Highlights Double Jeopardy Complications

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    Although the U.S. Supreme Court's recent decision in Gamble does not change the application of the double jeopardy clause as interpreted by federal courts, the decision reinforces the significant impact of dual prosecutions and the risks for corporate and individual defendants, say Laurel Gift and Randall Hsia of Schnader Harrison.

  • High Court's 'Separate Sovereigns' Ruling Is Good For Tribes

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    The U.S. Supreme Court's decision in Gamble v. U.S. — reaffirming the so-called separate sovereigns doctrine — preserves tribal prosecutors' autonomy and ability to respond promptly to offenses without worrying about the legal repercussions on federal prosecutions, say Steven Gordon and Philip Baker-Shenk of Holland & Knight.

  • Border Phone Search Questions Continue In Federal Court

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    A Massachusetts federal court's eventual decision on cellphone searches at the U.S. border in Alasaad v. Nielsen will further illustrate the differences in how federal courts apply the U.S. Supreme Court's 2014 decision in Riley v. California to the warrant-requirement exception for border searches, says Sharon Barney at Leech Tishman.

  • US Misdemeanor System Should Honor Principles Of Justice

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    The U.S. misdemeanor system — which represents the vast majority of the country’s criminal system — is under-regulated, rarely scrutinized and rife with official rule-breaking. It's time we brought this enormous aspect of our democracy into the modern legal era, says Alexandra Natapoff of University of California, Irvine School of Law.

  • Does Multidistrict Litigation Deny Plaintiffs Due Process?

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    Judges in multidistrict litigation consistently appoint lead plaintiffs lawyers based on their experience, war chests and ability to get along with everyone. But evidence suggests that these repeat players often make deals riddled with self-interest and provisions that goad plaintiffs into settling, says Elizabeth Chamblee Burch of the University of Georgia School of Law.

  • NLRB Case Hinders Workers' Path To Justice

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    A little-noticed National Labor Relations Board filing has taken the U.S. Supreme Court's 2018 class action waiver decision and turned it into a justification for further limiting workers’ access to courts, says Sharon Block, executive director of the Labor and Worklife Program at Harvard Law School.

  • Immigration Enforcement Under Trump Neglects Rule Of Law

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    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

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    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

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    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

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    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

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    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

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    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.

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