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Navigating Informed Consent: Challenges in Legal Research

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In the United States, federal regulations protect the autonomy of individuals participating in research. That protection often takes the form of insisting that a potential participant provides informed consent before they can be randomized to one or another treatment. Sometimes, however, it is possible to proceed without eliciting informed consent from study participants. This fourth “Ethics of RCTs in the Law” series blog posts discusses the complexities of the informed consent process and the ethical considerations associated with research in a legal setting.

Cartoon depicting an outdated mandate requiring a typewriter in order to file for divorce

Unveiling the Complexity: Divorce and Access to Justice

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Marriage in the U.S. typically requires a marriage license, payment of a nominal fee, and often a short waiting period from the license signing to marriage. Divorce, on the other hand, typically involves lawyers; courthouse visits; comparatively higher fees; and, in some cases, antiquated roadblocks just to implement this federal constitutional right. The result is that divorce can be an access-to-justice issue for low-income individuals who are faced with trying to pay for a lawyer they cannot afford or navigate unnecessarily complex divorce filing procedures on their own.  

Cartoon depicting an individual looking for specialized mental health court support but finding it closed to civil defendants

The Case for a Specialized Civil Mental Health Court

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While specialized “problem-solving” courts have become common, there is still no equivalent civil mental health court in Massachusetts to handle complex issues like civil commitment and involuntary psychiatric treatment. The gap exposes the potential for the Commonwealth to learn from other states leading reform of the civil judicial system in this area and to pilot such a court and evaluate its impact through a randomized controlled trial.

Cartoon depicting legal delays for involuntarily committed psychiatric patients with schizophrenia seeking treatment in Massachusetts

Involuntarily Committed Patients Face Legal Obstacles, Treatment Delays

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In Massachusetts, involuntarily committed psychiatric patients with schizophrenia often face systemic barriers to timely treatment from procedural inefficiencies that prioritize legal formalities over patient well-being.  To address this access to justice challenge, the Commonwealth could implement reforms to streamline the legal process while preserving patient rights.

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Mother Up Study Links Child Neglect, Poverty, and Guaranteed Income

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The Access to Justice Lab published a newly released study of Washington, D.C. mothers involved in Child Protective Services demonstrating that government-funded child welfare programs are effective in reducing child neglect cases by prioritizing economic support to overcome conditions caused by poverty.

Cartoon depicting a defendant getting lower bail because of the presence of a lawyer

When Defendants get Counsel at First Appearance…

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An individual’s First Appearance before a court in a criminal case has significant impacts on the defendant’s freedom and the costs that a criminal trial can bear on the defendant’s life, before it even begins. However, many states still begin the trial process without an offer of counsel. But what happens if defendants DO have counsel at First Appearances? 

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Government Websites: Why are They so Bad (and Can They be Better)?

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Government websites, when effective, can make the process of filing for bankruptcy, divorce, restraining orders and other common legal requests easier. Unfortunately, the quality of these websites varies significantly with many state and federal sites’ lack of accessibility reflecting limited access to justice for their users. Fixing these websites is a relatively easy and inexpensive method to expand accessibility to court systems and services, provided the willpower is there. 

Cartoon depicting the challenge of bringing access to pretrial justice in Africa

Denied: Global Right to Counsel Study 

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Despite a right to counsel in both Kenya and Tunisia, the default for low- and middle-income individuals who cannot afford to pay for legal representation is no counsel at all. The A2J Lab began a project to study the effects of early access to counsel for misdemeanors in the two countries but was thwarted in January by a federal stop work order. What follows is an update on the project itself and the educational moment it provided.

Cartoon depicting the confusion and difficulties of filing for no-money-down bankruptcy

What To Do About “No Money Down” Bankruptcies

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In the second part of the “Student Voices” series on “no money down” bankruptcies, HLS student Joe Liberman picks up where he left off in the previous blog: exploring possible solutions to the problems of Chapter 13 filings, understanding their tradeoffs, and proposing how we might study them. 

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