Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress
Hello there, interested public! This week’s news is defined by a dizzying array of responses to the issue of growing student debt from all levels of government as well as from private institutional actors. There are also a number of stories concerning the positive effects of legal technology and landlord-tenant-court right-to-counsel policies on Access to Justice. Also, Toronto has a fixed-fee legal cafe now!
See you around, Sam
Professional Development
According to NYNmedia.com, “[a] new report examines the barriers faced by women of color in the nonprofit sector. About 4,000 nonprofit professionals took part in the 40-page study, which was conducted by Ofronama Biu, senior research associate at Building Movement Project. She found that women of color are paid less than their male and white counterparts [and t]he social environments of nonprofits help explain why.”
MarketWatch called attention to a “Voices of Despair,” a 2018 report from the National Consumer Law Center arguing that “[t]he government’s policy of seizing federal student loan borrowers’ EITC runs counter to almost every goal Congress set for the EITC and its student loan programs.”
Dean Rodriguez of Northwestern Pritzker School of Law discussed his thoughts on “how law schools should collectively work to lessen the cost [of law school] and how students should be educated on debt management” in a Legal Talk Network podcast.
In an open letter on Medium.com, the Electronic Frontier Foundation, the ACLU, and 26 other technology & human rights organizations criticized the House of Representatives’ Democratic Caucus proposal for border security and its reliance on “various invasive surveillance technologies that would intrude on the liberties of travelers, immigrants, and people who live near the border.”
“Amazon unveiled new proposed guidelines…for any national legislation regulating facial recognition technology following months of scrutiny over Rekognition, the tech giant’s facial recognition software,” as reported in The Hill.
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress
Hello there, interested public! Lots of news this week, most of which is focused on the ongoing federal government shutdown. The Administrative Office of the Courts is running out of funding at the end of this month; once it does some Federal Public Defenders are worried that arguing cases while furloughed will have an asymetric effect burdening defense attorneys more than prosecutors (read about it below).
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress
Hello there, interested public! What a couple of weeks it has been. You can read all about them below, but in particular there is a lot of news about the ongoing government shutdown and student debt. In particular, you will find information below about how the shutdown may complicate student loan payments, the Department of Education’s advice for furloughed student debtholders, and an opportunity for free legal assistance to furloughed workers from the Indianapolis Bar. (If anyone knows of similar offers of similar opportunities elsewhere, please contact psjd@nalp.org and help us get the word out.)
One more thing: according to the ABA, today is the last day the U.S. Administrative Office of the Courts will be able to sustain paid operations.
The US Federal Reserve released a report entitled Can Student Loan Debt Explain Low Homeownership Rates for Young Adults? in which the authors “estimate that roughly 20 percent of the decline in homeownership among young adults can be attributed to their increased student loan debts since 2005.” (The report was covered in publications such as The Hill and CNBC.)
The same US Federal Reserve publication included an article on “Rural Brain Drain” concluding that “[i]ndividuals with student loan debt are less likely to remain in rural araes than those without it,” and therefore “[w]ith students borrowing at higher rates and in larger amounts to pursue postsecondary education, student loan debt may play an increased role in the dynamics of urban-rural migration.”
Meanwhile, in Maine, the Bangor Daily News observed that “[t]oo often, the choice between staying in Maine and leaving for a job that will pay enough to cover student loan bills finds Maine on the losing side,” in an opinion piece arguing that “Maine lawmakers must again consider student debt relief.”
Meanwhile, a poll by Politico and Harvard University’s T.H. Chan School of Public Health found that “[r]oughly 87% of Democrats and 61% of Republicans said it would be ‘extremely important’ for Congress to find ways to decrease student debt.”
In related news, Judge Randolph of the D.C. Circuit dissented from a decision denying a motion from government attorneys in Air Transport Ass’n of America v. FAA, arguing that “[t]he majority’s order in effect directs a government attorney to perform work unrelated to any ’emergencies involving the safety of human life or the protection of property’ and not otherwise ‘authorized by law’ in violation of the Anti-Deficiency Act. 31 U.S.C. s.1342.” Judge Randolph reviewed a recent decision to grant the government an extended briefing schedule in another case and concluded that “our circuit has not settled upon any principled way of deciding these stay motions.”
In an opinion column, the Washington Examiner reported on research suggesting that “58 percent of independents and 47 percent of Republicans ‘strongly agree’ that student loan debt levels are at ‘crisis’ magnitudes,” urging Republican lawmakers to allow “[a]n employee signing up for a new 401(k) plan at work [to direct] his employer match…to his student loan until it’s paid off.” This idea is similar to–yet differences in crucial ways from–legislation recently proposed by Senator Wyden (mentioned in a prior edition of this digest), which would allow employers to make matching contributions to employee retirement accounts as employees paid off their student debt.
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress
Hello there, interested public! I hope you all have a chance to take a break from things in the near future, but in the meantime, some news. One big story is featured immediately below. For the other, check out the “Student Loans” section, where a new Senate bill aims to make it easier for debtholders to save for retirement via employer matching contributions, the DoE released new PSLF data, and a report from a new non-profit purports to expose misfeasance in the way the federal government has administered the Public Service Loan Forgiveness program.
Editor’s Feature: “Law Schools are Bad for Democracy”
In West Virginia, the newly-appointed Director of the state’s Access to Justice Commission discussed his vision for the commission with WVNews.com. (The state’s A2J commission recently came under the administration of the West Virginia University College of Law, as previously reported in the Digest.)
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress
Hello there, interested public! Things continue to be busy here at NALP. Looking forward to checking in with you all more in the New Year. In the meantime, here’s some news:
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress
Hello there, interested public! I won’t dodge. Things have been busy here at NALP, both with the PSJD Mini-Conference that happened at the end of October and with a number of projects in the office that I’m hoping to share with you all later this year. But also, it’s been hard to face the news the last few weeks and find a face to wear for all of you.
But the world continues to turn and the digest is back. Major news this week includes the likely demise of a successful and critical legal aid program in Ontario, ominous questions concerning the legitimacy of cy pres from the Supreme Court, a new, free, online caselaw library from the Harvard Law Library Innovation Lab, and a number of high-profile district attorney elections that went to candidates promising substantial progressive reforms.
A new report, “Government Jobs of the Future,” examines how changes in technology might affect the types of roles humans play in the administration of government.
Sam Halpert, NALP Director of Public Service Initiatives
Hello there, interested public! Major news this week includes changes to Apple’s approach to dealing with data requests from government authorities, ABA plans for disaster aid to regions affected by Hurricane Florence, and the ACLU’s release of 50-state policy blueprints for reducing mass incarceration. There’s lots more besides, though! Read on below.
Sam Halpert, NALP Director of Public Service Initiatives
Hello there, interested public! Major news this week includes regulatory action from the Trump administration that would allow the government to detain children for the duration of their asylum proceedings, the resignation of a CFPB official charged with safeguarding student borrowers, and a Louisiana court’s class certification in a structural right-to-counsel lawsuit brought by the Southern Poverty Law Center. For these stories and more, read on!
Meanwhile, in NALP news:
Registration is now open for the 2018 NALP/PSJD Public Service Mini-Conference. Scheduled each year to occur immediately before Equal Justice Work’s Annual Conference and Career Fair weekend, the Mini-Conference is an ideal opportunity to meet and network with colleagues from across the country, attend substantive and skills-based programs, and interact with NALP staff members! The conference will take place on Thursday, October 25th, with additional programming for newcomers to the field on the evening of Wednesday, October 24th.
Sam Halpert, NALP Director of Public Service Initiatives
Hello there, interested public! In a relatively slow week (aside from ongoing immigration developments) I have one specific recommendation for you:
In Wired Magazine, Professor Susan Crawford of Harvard Law wrote about a recent event where “a hand-picked group of university presidents and provosts from across the country, plus a few university faculty members, met for two days at an estate-turned-conference center on Long Island to catalyze the intentional creation of a new academic field aimed at addressing precisely this gap in interdisciplinary opportunities. This new area, “public interest technology,” is still being defined; it encompasses designing public policy and laws with an awareness of how technology actually works, as well as ensuring that technology is being used to serve public values of fairness and equity.”
One more thing: PSJD is currently considering nominations for the 2018 Pro Bono Publico Award. If you know students at PSJD subscriber schools who have made outstanding pro bono contributions to their communities, please take a moment and let us know about their work. The deadline for nominations is 8/31.
Get a weekly summary of news items that affect the public service legal community, with an emphasis on funding, job market, law school initiatives, and access-to-justice developments.