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Mr. Richard E. Johnson Can civil rights plaintiffs be made to pay defendant's attorney fees?
Law Office of Richard E. Johnson

Tallahassee, FL 		Can a plaintiff who loses a federal civil rights case be made to pay the defendant’s attorney fees under state law? Assume a defendant wins summary judgment on both federal and state-law claims that share a common nucleus of operative fact. Federal law only allows for prevailing plaintiffs to recover attorney fees, but state law provides for prevailing party fees on an equal basis for plaintiff and defendant alike. Defendant claims 50% of fees since the hours on the state and federal claims are inseparable. Is there an argument that the defendant’s inability to receive fees on the federal claim preempts the defendant’s ability to recover fees on the related state claim? What are the policy implications of state tort reform on longstanding federal civil rights law?
Topic Available
Is Prolonged Solitary Confinement Cruel and Unusual Punishment?
ACLU
The question of whether solitary confinement per se constitutes cruel and unusual punishment has been litigated, and generally answered in the negative. However, modern psychological research has shown that prolonged solitary confinement has profound permanent effects and sometimes has been compared to torture. Is solitary confinement becomes cruel and unusual under our evolving standards of decency? Is there a point at which, even if it is generally acceptable, prolonged solitary confinement is cruel and unusual?
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Mr. Shahid Ali Buttar When senior U.S. officials are complicit in enhanced interrogation techniques that some describe as torture, what is the potential impact on the international legal regime?
Bill of Rights Defense Committee

Northampton, MA 		Despite international commitments to investigate allegations of torture, and the Nuremberg precedent requiring prosecution throughout the chain of command, senior U.S. officials confront neither prosecution nor investigation for potential war crimes (including torture) violating international treaties, federal statutes, and the Constitution. Can the international legal regime founded after WWII survive violations by the nation that pioneered it? Does a limited investigation of junior level players ratify the legality of torture, even if repudiated as a policy matter? Will it invite further torture in the future? And does it threaten the legitimacy of the criminal justice system generally?
Topic Available
Mr. Shahid Ali Buttar Do police stops for the purposes of domestic surveillance / intelligence collection implicate Fourth Amendment protections?
Bill of Rights Defense Committee

Northampton, MA 		Law enforcement authorities increasingly stop law-abiding Americans for searches or interrogations without suspicion of criminal activity, for the purposes of collecting intelligence information for retention, datamining, and dissemination to other agencies. When police officers interact with an individual on such grounds, should they be constrained according to a formalistic understanding of the Fourth Amendment operable only in the context of criminal law enforcement, or should a functional standard (recognizing the powerlessness of the individual relative to the officers) apply? What is the meaning of the Fourth Amendment under the preventive paradigm?
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Ms. Beth Orlansky Should childcare be considered an “essential service” such that childcare providers qualify for FEMA funding following a natural disaster like Hurricane Katrina?
Mississippi Center for Justice

Jackson, MS 		Following Hurricane Katrina, FEMA provided funds to rebuild “essential services.” Zoos were on the list of essential providers, but childcare providers were not. Should a childcare provider be able to get FEMA funding to rebuild following a natural disaster? What are the arguments for and against including childcare providers in the list of essential services? What can be done now to ensure that working parents will have affordable childcare after the next disaster strikes?
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Mr. Reilly Morse What can Mississippi housing advocates take from the recent ADC v. Westchester County Fair Housing decision to challenge Mississippi's analysis of impediments to fair housing in the aftermath of Hurricane Katrina?
Mississippi Center for Justice

Biloxi, MS 		When state and local governments accept federal funding for housing and community development from Housing and Urban Development, the grantee must certify to HUD that it will affirmatively further fair housing as a condition of receiving funds. Uncertainty about what constitutes "affirmatively further", the requirement to consider the impact of race, and what action is required if race-related impediments exist, continues after a recent federal case in the Southern District of NY. Mississippi Center for Justice seeks research on the applicability of recent case law on the analysis of Mississippi's identified impediments to Fair Housing.
Topic Available
Ms. Maha Jweied The Civil and Human Rights’ Implications of the Migration of Citizens from one U.S. Territory to Another


Washington, DC 		A recent documentary explores the unknown history of Puerto Ricans who migrated to the U.S. Virgin Islands between the 1920-1950s. During this time period, the status of these territories and it inhabitants were legally different (U.S. citizenship being given in different years). What legal issues arose from this migration: was it proper for Puerto Ricans to go through immigration upon arrival in Virgin Islands (depends on legal status of territories?); what types of discrimination were faced by Puerto Ricans; what about language issues; and access to courts?
Topic Available
Mr. Andrew C. Simpson Could U.S. v. Denedo represent an opportunity for a broad expansion of the right to coram nobis relief?
Andrew C. Simpson, PC

Christiansted, VI 		Coram nobis is a writ that allows a federal court to alter a judgment in a federal criminal conviction long after the defendant has served his sentence. In the recently decided U.S. v. Denedo case, the primary issue was whether coram nobis relief is available in military courts. In Denedo, the Court held that military courts can entertain writs of coram nobis. Can Denedo be fairly interpreted to represent a vast expansion of the availability of coram nobis relief in non-military, federal criminal cases? What is the potential impact of such a reading? What policy considerations are in play?
Topic Available
Ms. Annie Orelind Decker Local planning commissions and race-based impact
Impact Section, County of Santa Clara, California

San Jose, CA 		Local planning commissions dispense funding for a wide of array of public services such as healthcare, public transit, sanitation, and waste management. These commissions, however, often have membership structures that do not track population size. This disadvantages densely populated areas, which often also have high minority populations. Does disparate per capita public services funding for minorities compared to per capita public services funding for non-minorities violate Equal Protection or Title VI of the Civil Rights Act?
Topic Available
Ms. Annie Orelind Decker One-person one-vote rule and planning commissions
Impact Section, County of Santa Clara, California

San Jose, CA 		Public services planning commissions shoulder the important responsibility of ensuring adequate modes and supplies of public services (such as healthcare, public transit, sanitation, and waste management). Their membership structures often do not track population size. Does this disproportionate membership structure violate the one-person one-vote rule that arises under Equal Protection principles? The two traditional obstacles to such challenges are (1) that planning commissions are appointed bodies, and (2) that they are considered non-governmental organizations. What arguments can be made that these arguments no longer guide the one-person one-vote analysis?
Topic Available
Can a school district prohibit students from certain online activities that occur outside of school hours?

Many Florida school districts attempt to regulate speech that occurs online (via Facebook, MySpace, etc.), with or without school district resources, during or outside of school hours. Prohibited speech includes teasing, social exclusion, and public humiliation. There is also a Florida state statute prohibiting cyberbullying, but the individual school district policies generally attempt to regulate protected speech to a greater extent than the state statute. Do these district policies conflict with the state statute? Can they be reconciled? Are school districts violating students’ 1st amendment rights with these policies? Are the school districts’ policies good policy or do they go too far?
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Mr. Jim Neuhard Are state constitutional rights that aren't found in the U.S. Constitution enforceable in federal court?
Michigan's State Appellate Defender Office

Detroit, MI 		Under what circumstances, if any, can federal courts enforce rights that are explicitly guaranteed in state constitutions but not in the federal constitution? Can the process by which states were admitted to the union or the state’s constitution itself allow federal courts to hold states accountable for granting specific rights not guaranteed under the federal constitution? For example, the Michigan Constitution specifically guarantees the right to an appeal, yet the Federal Constitution only infers that right from the 14th and 5th amendment’s right to due process.
Topic Available
Mr. Jeff Senter What is the impact of elected judges, and judicial elections, on the adjudication of sexual assault cases?
Students Active For Ending Rape (SAFER

Brooklyn, NY 		The United States is virtually alone among nations in its extensive use of elected judges. What impact does the use of elected judges have on the adjudication of criminal and civil cases of sexual assault? States vary in their use of judicial elections. How do elected judges in the United States compare to unelected judges in the United States in handling cases involving sexual assault? What impact do publicized, competitive judicial elections have on the prosecution and handling of sexual assault cases?
Topic Available
Mr. Keith Roberts Usage of Courts of General Jurisdiction
Lawyers Conference of the ABA's Judicial Division

New York, NY 		Have businesses and wealthier consumers decreased their use of general jurisdiction courts, in the urban states, for resolving disputes? Do they increasingly use federal and specialized courts or ADR? Has legislative funding for state general jurisdiction courts declined? Research: The paper will discuss this topic in light of historical statistics from the 1960s to date. The goal is to learn whether a bifurcation of the legal system is occurring, in which much of the legal system is becoming part of the welfare system. Note: the Lawyers Conference is not affiliated with ACS.
Topic Available
Fourth Amendment Requirements for Immigration Detention
ACLU of Southern California
Many cases establish that the Fourth Amendment applies to law enforcement in the immigration context. However, although it is generally believed that the Fourth Amendment requires that a criminal suspect be brought before a Magistrate for a probable cause and bail hearing within forty-eight hours of arrest, in the immigration context non-citizens are detained without being brought before magistrates at all. By regulation, the only requirement is that a deportation officer conduct a probable cause determination, which is done without any hearing or presentment before a neutral judicial decisionmaker. Is this consistent with the Fourth Amendment?
Topic Available
Mr. Jon W. Davidson What rights do minor students have to participate in a student group (such as a gay-straight alliance) notwithstanding the objection of their parents or guardians?
Lambda Legal Defense & Education Fund

New York, NY 		What rights do minor students have to be able to attend meetings of or participate in the activities of a student group (such as a gay-straight alliance) without their parents or guardians being notified or notwithstanding the objection of their parents or guardians?
Topic Available
Ms. Cacilia Kim How can a whole institution, like a hospital or clinic (as opposed to an individual employee), be prevented from declining to provide certain services based on a "moral conscience" argument?
California Women's Law Center

Los Angeles, CA 		What legal arguments can be made against allowing a whole institution (as opposed to an individual), like a hospital or clinic, from declining to provide certain services, like abortion, based on a "moral conscience" argument? Any additional arguments if the institution is receiving state and/or federal funding?
Topic Available
Ms. Odette J. Wilkens Animal Enterprise Terrorism Act
Equal Justice Alliance

Forest Hills, NY 		How are First Amendment rights affected by anti-terrorism legislation such as the Animal Enterprise Terrorism Act, and what laws obviate the need for such a law? This recently enacted anti-terrorism law could chill the free speech civil rights of American citizens who would advocate for labor, civil rights, the environment, as well as animals. It could potentially prosecute any American citizen trying to exercise their free speech rights even if they cause no harm or damage, or if they cause any corporate profit loss.
Topic Available
Mr. Jon W. Davidson What ethical principles and legal risks restrict impact litigation lawyers, their organizations and their clients from speaking publicy or writing about anticipated, pending or concluded litigation? How does the First Amendment affect the answer?
Lambda Legal Defense & Education Fund

New York, NY 		What are the ethical restrictions upon, and legal risks (such as being the subject of claims for defamation)for impact litigation lawyers, their organizations and their clients in speaking publicy (to the media and at public events) or writing (in op eds, in publications and on websites) about anticipated, pending or concluded litigation or opposing parties or their counsel? How do the various protections of the First Amendment affect the answer?
Topic Available
Mr. Jon W. Davidson What restrictions, if any, exist on a public interest lawyer's ability to advise those seeking legal asistance in jurisdictions in which the attorney is not admitted?
Lambda Legal Defense & Education Fund

New York, NY 		What restrictions, if any, exist on a public interest lawyer's ability to advise those seeking legal asistance who live in, or have legal problems in, jurisdictions in which the attorney is not admitted? Must local counsel admitted in the jurisdiction be aassociated with the matter before the lawyer provides advice?
Topic Available
Mr. Jon W. Davidson Tax law's implications for recoveries in civil rights cases
Lambda Legal Defense & Education Fund

New York, NY 		How do federal and state tax law affect t he recoveries of clients in typical civil rights cases, such as under section 1983 and state and federal anti-discrimination laws? What are the most effecive ways of miminizing the tax impact on clients?
Topic Available
Mr. Jon W. Davidson Does attorney-client privilege adequately protect confidential information shared by public interest lawyers with media professionals to obtain expert advice?
Lambda Legal Defense & Education Fund

New York, NY 		What risks exist that the attorney-client privilege would be waived if lawyers at a public interest organization share confidential information with media professionals who are on staff with the organization for purposes of obtaining expert advice regarding "messaging" of issues within the litigation and helping advise the client regarding not making any public statements that would pose problems for the litigation?
Topic Available
Ms. Cacilia Kim Can a school district be held liable if they release a student during school hours for "confidential minor consent services" without parental consent if the student subsequently suffers some sort of injury or harm?
California Women's Law Center

Los Angeles, CA 		Can a school district be held liable if they release a student during school hours for "confidential minor consent services" (i.e., for family planning, pregnancy related care, mental health, drug and alcohol abuse treatment, STDs or sexual assault) without parental consent or notification (see, e.g., Cal. Fam. Code sections 6924-6929) and the student subsequently suffers some sort of injury or harm while so released (e.g., student is hit by a car on the way to getting the confidential minor consent services).
Topic Available
Ms. Cacilia Kim What duties do public and private schools have to student-victims of assault, abuse, and/or sexual harassment when the student-perpetrator has special education needs?
California Women's Law Center

Los Angeles, CA 		What duties (legal, ethical, etc.) do public and private schools have to student-victims of assault, abuse, and/or sexual harassment when the student-perpetrator has special education needs? What if the abuse was found to be a manifestation of the perpetrator’s disability (see 20 U.S.C. § 1415(k))?
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Ms. Elizabeth M. Boyle Does it violate a person’s constitutional right to travel when a DMV refuses to issue a driver’s license based upon a restriction on a driver’s license from another state?
Gulfcoast Legal Services, Inc.

Sarasota , FL 		Many state Department of Motor Vehicles belong to a compact agreement whereby a hold on a driver's license in one state perhaps for non-payment of parking tickets, driving on expired tags and other non-safety related infractions -- is the basis for denial of a driver's license in another state. For low-income people this often means they must choose between getting to work on time, driving illegally and risking jail. Does it violate a person's constitutional right to travel when a DMV refuses to issue a driver's license based upon a restriction from another state?
Topic Available