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Connecting The Disconnected: Communication Technologies For The Incarcerated, Neil Sobol Nov 2018

Connecting The Disconnected: Communication Technologies For The Incarcerated, Neil Sobol

Neil L Sobol

Incarceration is a family problem—more than 2.7 million children in the United States have a parent in jail or prison. It adversely impacts family relationships, financial stability, and the mental health and well-being of family members. Empirical research shows that communications between inmates and their families improve family stability and successful reintegration while also reducing the inmate’s incidence of behavioral issues and recidivism rates. However, systemic barriers significantly impact the ability of inmates and their families to communicate. Both traditional and newly developed technological communication tools have inherent advantages and disadvantages. In addition, private contracting of communication services too often …


Fighting Fines & Fees: Borrowing From Consumer Law To Combat Criminal Justice Debt Abuses, Neil L. Sobol Jul 2018

Fighting Fines & Fees: Borrowing From Consumer Law To Combat Criminal Justice Debt Abuses, Neil L. Sobol

Neil L Sobol

Although media and academic sources often describe mass incarceration as the primary challenge facing the American criminal justice system, the imposition of criminal justice debt may be a more pervasive problem. On March 14, 2016, the Department of Justice (DOJ) requested that state chief justices forward a letter to all judges in their jurisdictions describing the constitutional violations associated with the illegal assessment and enforcement of fines and fees. The DOJ’s concerns include the incarceration of indigent individuals without determining whether the failure to pay is willful and the use of bail practices that result in impoverished defendants remaining in …


Lessons Learned From Ferguson: Ending Abusive Collection Of Criminal Justice Debt, Neil L. Sobol Jul 2018

Lessons Learned From Ferguson: Ending Abusive Collection Of Criminal Justice Debt, Neil L. Sobol

Neil L Sobol

On March 4, 2015, the Department of Justice released its scathing report of the Ferguson Police Department calling for “an entire reorientation of law enforcement in Ferguson” and demanding that Ferguson “replace revenue-driven policing with a system grounded in the principles of community policing and police legitimacy, in which people are equally protected and treated with compassion, regardless of race.” Unfortunately, abusive collection of criminal justice debt is not limited to Ferguson. This Article, prepared for a discussion group at the Southeastern Association of Law Schools conference in July 2015, identifies the key findings in the Department of Justice’s report …


Charging The Poor: Criminal Justice Debt & Modern-Day Debtors' Prisons, Neil L. Sobol Jul 2018

Charging The Poor: Criminal Justice Debt & Modern-Day Debtors' Prisons, Neil L. Sobol

Neil L Sobol

Debtors’ prisons should no longer exist. While imprisonment for debt was common in colonial times in the United States, subsequent constitutional provisions, legislation, and court rulings all called for the abolition of incarcerating individuals to collect debt. Despite these prohibitions, individuals who are unable to pay debts are now regularly incarcerated, and the vast majority of them are indigent. In 2015, at least ten lawsuits were filed against municipalities for incarcerating individuals in modern-day debtors’ prisons. Criminal justice debt is the primary source for this imprisonment.

Criminal justice debt includes fines, restitution charges, court costs, and fees. Monetary charges exist …


Written Testimony For Briefing On Targeted Fines And Fees Against Low-Income Minorities: Civil Rights And Constitutional Implications, Neil L. Sobol Mar 2017

Written Testimony For Briefing On Targeted Fines And Fees Against Low-Income Minorities: Civil Rights And Constitutional Implications, Neil L. Sobol

Neil L Sobol

My testimony today will focus on issues discussed in Fighting Fines & Fees: Borrowing from Consumer Law to Combat Criminal Justice Debt Abuses, forthcoming in the Colorado Law Review. In that article, I examine whether the framework used to address debt-collection abuses in the consumer context should apply to the abusive collection and assessment of criminal justice debt. I argue that the rationale that led to the enactment of the federal FDCPA and the creation of CFPB to combat consumer collection abuses parallels the reasons that a federal statute should be adopted to help the DOJ coordinate the attack against …


Charging The Poor: Criminal Justice Debt & Modern-Day Debtors’ Prisons, Neil L. Sobol Apr 2016

Charging The Poor: Criminal Justice Debt & Modern-Day Debtors’ Prisons, Neil L. Sobol

Neil L Sobol

Debtors’ prisons should no longer exist. While imprisonment for debt was common in colonial times in the United States, subsequent constitutional provisions, legislation, and court rulings all called for the abolition of incarcerating individuals to collect debt. Despite these prohibitions, individuals who are unable to pay debts are now regularly incarcerated, and the vast majority of them are indigent. In 2015, at least ten lawsuits were filed against municipalities for incarcerating individuals in modern-day debtors’ prisons. Criminal justice debt is the primary source for this imprisonment. Criminal justice debt includes fines, restitution charges, court costs, and fees. Monetary charges exist …


Protecting Consumers From Zombie-Debt Collectors, Neil L. Sobol Jul 2015

Protecting Consumers From Zombie-Debt Collectors, Neil L. Sobol

Neil L Sobol

By obtaining judgments, or persuading consumers to pay a portion of these debts, acknowledge these debts, or enter into new agreements, collectors can resurrect and enforce dead or non-existent debts. The media has labeled these resurrected debts as "zombie debts." Just as the zombies in movies come back from the dead to terrorize individuals, dead debts may resurface to wreak havoc on consumers. Even if a consumer successfully defeats one zombie-debt collector, the process may restart if the debt is resold.

Legal scholarship has only begun to address zombie-debt issues, and has primarily focused on litigation. However, collectors are often …


Determining Limitation Periods For Actions Arising Under Federal Statutes, Neil Sobol Jul 2015

Determining Limitation Periods For Actions Arising Under Federal Statutes, Neil Sobol

Neil L Sobol

Time limitations for cause of action are an integral part of the American system of law. These limitations define time periods following the accrual of the right of action in which a litigant must assert his claim. If the litigant fails to commence his suit within the specified time period, the court will generally deny relief. Given that failure to commence a suit before the limitation period has expired may deny an injured party relief and allow a wrongdoer to escape without providing such relief, litigants must be able to determine the limitation periods that will apply to their particular …


Determining Limitation Periods For Actions Arising Under Federal Statutes, Neil Sobol Jul 2015

Determining Limitation Periods For Actions Arising Under Federal Statutes, Neil Sobol

Neil L Sobol

No abstract provided.


Charging The Poor: Criminal Justice Debt & Modern-Day Debtors’ Prisons, Neil Sobol Mar 2015

Charging The Poor: Criminal Justice Debt & Modern-Day Debtors’ Prisons, Neil Sobol

Neil L Sobol

No abstract provided.


Charging The Poor: Criminal Justice Debt & Modern-Day Debtors’ Prisons, Neil Sobol Nov 2014

Charging The Poor: Criminal Justice Debt & Modern-Day Debtors’ Prisons, Neil Sobol

Neil L Sobol

No abstract provided.


Charging The Poor: Modern-Day Debtors’ Prisons, Neil Sobol Oct 2014

Charging The Poor: Modern-Day Debtors’ Prisons, Neil Sobol

Neil L Sobol

No abstract provided.


Writing Persuasively For Paralegals, Neil Sobol Oct 2014

Writing Persuasively For Paralegals, Neil Sobol

Neil L Sobol

No abstract provided.


Legal Research – Then And Now, Neil Sobol Feb 2014

Legal Research – Then And Now, Neil Sobol

Neil L Sobol

No abstract provided.


Protecting Consumers From Zombie-Debt Collectors, Neil Sobol Feb 2014

Protecting Consumers From Zombie-Debt Collectors, Neil Sobol

Neil L Sobol

No abstract provided.


Mock Admissions Panel, Neil Sobol Sep 2013

Mock Admissions Panel, Neil Sobol

Neil L Sobol

No abstract provided.


Critical Reading & Writing Skills: Undergraduate Work And The Lsat Exam, Neil Sobol Sep 2013

Critical Reading & Writing Skills: Undergraduate Work And The Lsat Exam, Neil Sobol

Neil L Sobol

No abstract provided.


Attacking Zombie Debts, Neil Sobol Jun 2013

Attacking Zombie Debts, Neil Sobol

Neil L Sobol

No abstract provided.


Attacking Zombie Debts, Neil Sobol Feb 2013

Attacking Zombie Debts, Neil Sobol

Neil L Sobol

No abstract provided.


Persuasive Writing: What To Do If You Represent Charlie Sheen, Neil Sobol Oct 2012

Persuasive Writing: What To Do If You Represent Charlie Sheen, Neil Sobol

Neil L Sobol

No abstract provided.


“Clicker”Training, Neil Sobol Aug 2012

“Clicker”Training, Neil Sobol

Neil L Sobol

No abstract provided.


Legal Research: A Review For The Cla Exam, Neil Sobol Dec 2011

Legal Research: A Review For The Cla Exam, Neil Sobol

Neil L Sobol

No abstract provided.


Persuasive Writing: What To Do If You Represent Charlie Sheen, Neil Sobol Oct 2011

Persuasive Writing: What To Do If You Represent Charlie Sheen, Neil Sobol

Neil L Sobol

No abstract provided.


Introduction To Legal Writing, Neil Sobol May 2011

Introduction To Legal Writing, Neil Sobol

Neil L Sobol

No abstract provided.


Legal Research: A Review For The Cla Exam, Neil Sobol Dec 2010

Legal Research: A Review For The Cla Exam, Neil Sobol

Neil L Sobol

No abstract provided.


Legal Research: A Review Of Bluebook Citations, Including An Introduction To The 19th Edition Changes, Neil Sobol Aug 2010

Legal Research: A Review Of Bluebook Citations, Including An Introduction To The 19th Edition Changes, Neil Sobol

Neil L Sobol

No abstract provided.


Persuasive Writing, Neil Sobol May 2010

Persuasive Writing, Neil Sobol

Neil L Sobol

No abstract provided.


Persuasive Writing, Neil Sobol May 2007

Persuasive Writing, Neil Sobol

Neil L Sobol

No abstract provided.