OTHERWISE: ABA: Immigration Courts face existential crisis – system “irredeemably ” dysfunctional
from the ABA Commission on Immigration – 2019 report (full text linked above):
The immigration courts are facing an existential crisis. The current system is irredeemably dysfunctional and on the brink of collapse, and the only way to resolve the serious systemic issues within the immigration court system is through transferring the immigration court functions to a newly-created Article I court. This approach is the best and most practical way to ensure due process and insulate the courts from the capriciousness of the political environment. It is further our view that the public’s faith in the immigration court system will be restored only when the immigration courts are assured independence and the fundamental elements of due process are met.
A former federal prosecutor has some thoughts on the Barr Gambit … A few thoughts on the Barr Gambit, and Mueller decisions.
Strong discussion of prosecutorial discretion – its use and abuse.
Source: The Barr Gambit – Talking Points Memo
Paul Rosenzweig carefully analyzes the ambiguities in Attorney General Barr’s letter on the still secret Mueller report which reportedly concluded that the Trump campaign did not conspire with the Russian government to steal data and interfere in the 2016 presidential election.
The second aspect is that despite conflicting evidence Mueller decided not to charge Trump with obstruction of justice. The key factors are likely difficulties of proof of intent (liars lying), and adherence to Justice Department policy not to charge if there is another remedy – here impeachment by the U.S. House of Representatives. – gwc
Source: OTHERWISE: Unpacking the Barr Letter re Mueller ~ Rosenzweig // Lawfare – Brookings Institution
Source: 55 years after first SCOTUS appearance, lawyer is back for second redistricting case
Another good thing about legal academia. No mandatory retirement age. – gwc
Bondurant’s current age is 82, and he says he has no plans to retire or to quit his work to improve democracy through the courts.
“I’d rather spend my time doing that than playing golf, in part because I play golf so badly that the opportunity not to play is itself a positive,” Bondurant told NPR. “But this is really important stuff, and it’s very fundamental.”
Danielle Conley of Wilmer Hale and former associate Ariel Levinson have authored an issue brief on Discriminatory License Suspension Schemes. It is an important access to justice and right to counsel issue.
Source: OTHERWISE: Discriminatory Driver’s License Suspension Schemes – American Constitution Society
Source: OTHERWISE: Legal Deserts – Crisis in Rural America ACS/Harvard Law & Policy Review
The American Constitution Society and the Harvard Law and Policy Review have announced a new issue on the crisis of justice in rural areas.
The New Jersey Supreme Court has issued a Notice to the Bar. It has rejected in part, accepted in part, and deferred in part the recommendations of its Ad Hoc Committee on Attorney Malpractice Insurance. It concurred with the November 2017 report recommendation that malpractice insurance not be mandated for all private practitioners. The Court retains its Rule 1:21-1A that all limited liability firms must carry insurance in the minimum amount of $100,000 (multiplied by the number of attorneys in the firm). The Court concurred with its Committee that lawyers be required to publicly register evidence of the coverage they carry. The Administrative Office of the Courts is directed to develop procedures to implement the principle. And the Court announced that it will revisit at an unspecified date whether attorneys who lack coverage should be required to disclose that fact. – gwc
Source: OTHERWISE: New Jersey Supreme Court Rejects Mandatory Malpractice Insurance, embraces disclosure of coverage