Access to Justice

  • July 28, 2026

    Mass. Justices Affirm New Trial In '93 Murder Case

    Massachusetts' highest court ruled Tuesday that a decades-old murder conviction based on eyewitness testimony cannot stand, citing new DNA evidence and other information that called into question the reliability of a key witness.

  • July 28, 2026

    8th Circ. Keeps Some Claims Alive In Jail Macing Suit

    The Eighth Circuit has partially revived a lawsuit brought by four incarcerated people in a St. Louis jail, finding that guards at the facility should not be granted complete qualified immunity from claims that they used excessive force.

  • July 28, 2026

    Court Is In Session Whenever A Judge Says It Is, 6th Circ. Told

    Court is wherever and whenever a judge says it is, counsel for a Detroit judge told a Sixth Circuit panel Tuesday, arguing that subjecting a student to a mock arrest and trial because she fell asleep during a field trip was within his jurisdiction.

  • July 27, 2026

    4th Circ. Says Inmate Can Represent Himself At Sentencing

    The Fourth Circuit held Monday that the Sixth Amendment rights of a South Carolina man were violated when a judge denied him the ability to represent himself during sentencing because he did not make the request prior to the start of his drug-trafficking trial.

  • July 27, 2026

    Mich. Justices Reject Federal Double Jeopardy Rule

    The Michigan Supreme Court has significantly expanded the state's constitutional protection against double jeopardy, finding prosecutors can be barred from retrying a criminal defendant following a mistrial, even if they did not specifically intend to provoke the defense into requesting one. 

  • July 27, 2026

    Conn. Panel Says Bad Atty Advice Warrants New Murder Trial

    A Connecticut appeals court granted a new trial to a man convicted of murder after finding that during initial plea negotiations, an attorney representing him gave him bad advice on whether his codefendant would testify in his case.

  • July 27, 2026

    New DHS Rule Will Speed Some Asylum Cases To Court

    The U.S. Department of Homeland Security unveiled a new regulation Monday allowing asylum officers to skip interviews if they determine someone is barred from, ineligible for or does not merit asylum and send those cases straight to immigration court.

  • July 27, 2026

    300+ Public Defenders Strike In The Bronx

    More than 300 attorneys and staff with the Bronx Defenders Union went on strike Monday, one year after the last time the union walked off the job.

  • July 24, 2026

    How Gibson Dunn Turned A Bitter Pill Into A Sweet Release

    Police officers in New York's Nassau County arrested a Honduran and turned him over to federal immigration officers this year after claiming a yellow pill found in his car was crack cocaine, an assertion that a federal judge found ludicrous. Here, Law360 examines how Gibson Dunn & Crutcher LLP seized on that yellow pill to show the man’s arrest was pretextual and secured his release from immigration detention.

  • July 24, 2026

    Balancing The Scales: Geofence Clarity, Post-Hunter Scrutiny

    The U.S. Supreme Court deemed geofence warrants as searches under the Fourth Amendment, and the justices’ ruling in Hunter spurs a conversation of what the bar should be for criminal appeal waivers. Here, Law360 highlights access to justice stories arising from litigation, verdicts and judgments you may have missed.

  • July 24, 2026

    Fordham Scholar On Neuroscience's Role In Criminal Courts

    Neuroscience has become an increasingly common feature of criminal litigation, shaping everything from death penalty mitigation to juvenile sentencing. Yet many of the assumptions surrounding brain science in the courtroom remain wrong, Fordham Law School Professor Deborah Denno told Law360.

  • July 24, 2026

    'Irreparable': The Lasting Harm Of Justices' Temporary Orders

    The U.S. Supreme Court has considered dozens of emergency petitions involving executive policies since President Donald Trump's return to office. While justices often defend their emergency rulings as stop-gap measures, people at the center of those cases — who've lost their legal status, jobs, or federal funding — say that even interim decisions have had lasting effects on their lives.

  • July 24, 2026

    Ala. Ruling Leaves Executions In Uncharted Waters

    Last month, a federal district judge ruled that Alabama's nitrogen hypoxia execution protocol violated the Eighth Amendment, an unprecedented decision that upended the state's death penalty process. Now, death row prisoners who chose nitrogen execution face uncertainty as Alabama seeks to execute them instead by lethal injection.

  • July 24, 2026

    Mental Health Agency Sues Mass. Prison System For Records

    A Massachusetts mental health legal advocacy committee has filed a lawsuit against the state's department of correction, claiming it was denied access to data about health services provided in one state prison by a private contractor.

  • July 24, 2026

    Over 100 Legal Aid Staffers Strike In Harlem And The Bronx

    Over 100 legal aid attorneys, social workers and advocates in Harlem and the Bronx went on strike on July 24, with the possibility of more to come in the New York City area.

  • July 23, 2026

    Creek Freedmen Sue Tribe To Enforce Citizenship Ruling

    Members of the Muscogee Creek Black Freedmen are asking a federal court to block officials with Oklahoma's Muscogee (Creek) Nation from denying them citizenship, saying in a lawsuit brought Thursday that those governmental leaders are defying a tribal Supreme Court ruling that gave them the right.

  • July 23, 2026

    6th Circ. Challenges Exoneree's Fabricated Evidence Claim

    A Sixth Circuit panel on Thursday questioned whether a Michigan man who spent more than two decades in prison before his assault convictions were vacated had done enough to revive his civil rights suit accusing Detroit police officers of fabricating and withholding evidence during the investigation that led to his arrest.

  • July 23, 2026

    500-Member NYC Public Defender Union Ends Strike

    The first and so far only New York City public defender union to go on strike this year announced on Wednesday that its approximately 500 members are returning to work after reaching a tentative agreement with their managers.

  • July 21, 2026

    Data Capture Alone Doesn't Violate Calif. License Plate Law

    A California state appeals court has refused to revive a proposed class action that accused a vehicle location data company of unlawfully collecting drivers' data through automatic license plate readers, saying in a published opinion that the suit's plaintiff couldn't lean on his "subjective belief" that his privacy was invaded.

  • July 21, 2026

    Bronx Public Defenders Set Strike Deadline

    More than 300 unionized workers at legal aid organization The Bronx Defenders are set to walk out on July 27 if they cannot agree on a contract with the legal nonprofit's management, according to a Tuesday announcement.

  • July 21, 2026

    Judge Refers Ex-Cop For Perjury, Witness Tampering Probe

    A Connecticut federal judge has referred a former New Haven police detective to federal prosecutors for investigation of witness tampering and perjury during a civil trial, in which jurors awarded a murder exoneree $38 million and determined the detective fabricated evidence of his guilt.

  • July 20, 2026

    Another NYC Public Defense Union Sets Strike Deadline

    The Neighborhood Defender Service of Harlem union became the latest New York City-area legal aid union to set a strike deadline this week, announcing Monday that its over 100 members will walk off the job if they don't reach a deal with their managers by Friday at 8 a.m.

  • July 17, 2026

    Public Defenders Go On Strike In New York City

    Hundreds of public defenders and social workers in Brooklyn and Queens have gone on strike, with the possibility of more walkouts to come as legal aid providers continue to negotiate with their unions.

  • July 16, 2026

    Mich. Appeals Panel Says Tax Sale Claims Must Follow Statute

    The Michigan Court of Appeals has affirmed a lower court's dismissal of a suit brought by former property owners seeking the return of surplus proceeds from tax foreclosure sales, saying in a published opinion the property owners did not follow the necessary statutory process when filing their complaint.

  • July 16, 2026

    Noncitizens Awaiting U Visas Not Entitled To Leave, Reenter

    The Eleventh Circuit said noncitizens who were victims of the Parkland high school shooting, and their families, are not entitled to leave and reenter the country while awaiting their special visas for assisting law enforcement in investigating the crime.

Expert Analysis

  • Mallory Gives Plaintiffs A Better Shot At Justice

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    Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.

  • 5th Circ. Concurrence May Help Erode Qualified Immunity

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    A Fifth Circuit judge’s recent concurrence in Rogers v. Jarrett, highlighting new legal scholarship that questions the historical foundations of the qualified immunity doctrine, provides the basis for additional arguments for plaintiffs to secure legal recourse when government officials violate their rights, says Brian Collins at Van Naarden Spizer.

  • How Public Defenders Can Use Social Media To Drive Change

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    In addition to their courtroom advocacy, indigent defenders should strategically use social media to develop a public voice that can counter police and prosecutor narratives, call attention to injustices and inspire policy shifts, say Russell Gold at the University of Alabama and Kay Levine at Emory University.

  • Too Often, Use Of K-9 Units Is Cruel And Unusual Punishment

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    In too many instances, the use of police dogs as weapons violates the Eighth Amendment's protections against cruel and unusual punishment, but as a long line of cases demonstrates, courts have largely failed to acknowledge the unconstitutionality of K-9 unit attacks, says Patrick Buelna at Lawyers for the People.

  • Justices' Habeas Ruling Further Saps Writ Of Its Strength

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    After the U.S. Supreme Court dealt its latest blow to the Great Writ in Jones v. Hendrix, holding that a provision called the “saving clause” cannot be used to file successive habeas petitions after a retroactive change in statutory law, Congress may need to amend the underlying law to ensure a more open habeas process, says Daniel Medwed at Northeastern University.

  • Service Members Should Have Right To Unanimous Verdicts

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    As several recent cases exemplify, service members can be convicted of crimes by nonunanimous juries in military courts and cannot appeal such verdicts, despite Supreme Court precedent from recent years — a glaring constitutional error that Congress should rectify expeditiously, says Kevin Carroll at Hughes Hubbard.

  • Jail-Based Polling Places Are Key To Expanding Ballot Access

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    As the 2024 elections begin to take shape, jurisdictions should consider jail-based polling locations to ease voting obstacles faced by incarcerated people, say former advocacy director Naila Awan and communications strategist Wanda Bertram at Prison Policy Initiative.

  • A New HOPE For Expunging State-Level Cannabis Convictions

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    As states across the U.S. legalize cannabis, individuals with related convictions face hurdles to expunging their records due to outdated record-keeping systems — but the recently introduced HOPE Act would remedy this by providing grant funding to state and local governments, says Rep. Dave Joyce, R-Ohio.

  • Immigration Board Must Mend Choice Of Law Post-Garcia

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    The Board of Immigration Appeals must revisit the choice of law standard recently established in Matter of Garcia, which fails to establish predictability, upsets the settled expectations of parties' remanded cases and unfairly tips the scale in the government's favor, says Monica Mananzan at the Capital Area Immigrants' Rights Coalition.

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

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    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

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    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

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    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

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    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

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    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

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    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.

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