Publications
Justice
Foreclosures: A Crisis in Legal Representation
This report discusses the foreclosure crisis in terms of the larger crisis of the poor’s lack of access to civil legal representation. Anecdotal and empirical evidence show that in the areas hardest hit by foreclosures, Americans are not getting the legal help they need. The report highlights the many ways lawyers can help save families’ homes from foreclosure and recommends various policy steps to be taken on the national and state levels to increase access to attorneys for the most vulnerable.
Authored by: Melanca Clark with Maggie Barron
– 10/06/09
Judge Sotomayor’s Record in Constitutional Cases
This report uses measures for testing judicial activism and deference developed by academics in recent years to analyze Judge Sotomayor’s decisionmaking and compared her record to that of her colleagues on the Second Circuit.
Authored by: Monica Youn
Foreword by Professor Burt Neuborne
– 07/09/09
Language Access in State Courts
This report outlines the legal obligations of state courts regarding the provision of interpreters for litigants with limited English proficiency, aggregates information on how states are meeting these obligations and provides guidelines for state courts’ language access programs.
Authored by: Laura Abel
– 07/04/09
Supreme Court Adjudication and the Qualifications of Supreme Court Nominees
Authored by: Sidney S. Rosdeitcher
– 07/02/09
A Call to End Federal Restrictions on Legal Aid for the Poor
A report calling for the repeal of draconian and wasteful restrictions on civil legal aid programs receiving funding from the federal Legal Services Corporation.
Authored by: Rebekah Diller & Emily Savner
– 06/22/09
Executive Privilege: A Legislative Remedy
This report focuses on one context of executive privilege: disputes over Congress’s efforts to access information from the Executive. Executive privilege is one area where the recent expansion of secrecy can—and should—be rolled back to restore our constitutional balance. A proposed statute, “Executive Privilege Codification Act,” aims to do just that, and is attached as an appendix.
Authored by: Emily Berman
– 06/21/09
Transparency in the First 100 Days: A Report Card
This report card is an effort to take stock of the Obama administration’s performance during its first 100 days in office, acknowledge and commend those actions that enhance government transparency, and insist on a correction of course when transparency is diminished.
Authored by: Liberty & National Security Project
– 04/27/09
Maryland’s Parole Supervision Fee: A Barrier to Reentry
Parolees from whom the state seeks to subsidize its coffers are often struggling to get by at the most basic level. This publication notes the fees drive people into debt, do little to fund the state, and severely affect recidivism. This study offers key findings as well as recommendations to correct the problem.
Authored by: Rebekah Diller, Judith Greene, & Michelle Jacobs
– 03/23/09
Democracy & Justice | Collected Writings, 2008
Excerpts from reports, policy proposals, and issue briefs, as well as excerpted material from public remarks, legal briefs, Congressional testimony, and op-ed pieces written by Brennan Center staff in 2008.
Authored by: The Brennan Center, including Eric Lane, Bob Herbert, Gov. Janet Napolitano, Nina Totenberg, and others.
– 01/01/09
Smart on Crime
Transition Document: A coalition of more than 20 organizations, including the Brennan Center for Justice, and individuals created this publication of a catalogue of key criminal justice issues and policy recommendations for the next administration and congress.
Authored by: Criminal Justice Transition Coalition
– 11/06/08