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Category Archives: Courts

Paper – Equitable Defenses in the Age of Statutes

Anenson, T. Leigh, Equitable Defenses in the Age of Statutes (November 6, 2016). Available at SSRN: https://ssrn.com/abstract=2877457
“The Supreme Court’s pending decision in SGA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, is the most recent in a series of cases struggling with the same issue: What is the scope and content of equitable defenses in federal statutes? This Article analyzes the integration of equitable defenses in statutory law for the first time. Concentrating on Supreme Court cases, it examines these doctrines across several statutory subjects. It identifies a pattern in the decisional history of equitable defenses in order to assist in building a body of cases along principled lines. The Article also reveals that while the Court tends to accept equitable defenses according to their tradition, it likewise limits them in light of legislative objectives. An expansive attitude of inclusion corresponds with a more restrictive view of their application. What is more, the Court is supplying their substance and scope from a combination of state and federal law. In this regard, the Court is adjudicating equitable defenses to generate a general common law. The Article additionally outlines the Court’s developing supervisory role vis-a-vis the lower courts. It further explores the challenges of continuity and change in incorporating these private law principles into public law to provide direction for the future. Overall, the Article suggests a way of looking at equitable defenses to better appreciate their place in the regulatory state.”

Sunlight Foundation tracking Trump conflicts of interest

“Sunlight and the public are still waiting for answers on what open government will look like in the White House of President-Elect Donald J. Trump. What we do know is that the president-elect has not only failed to set up a true blind trust for his assets, but in the weeks since Election Day has… Continue Reading

Immigration Now 52 Percent of All Federal Criminal Prosecutions

Transactional Records Access Clearinghouse: “Immigration remains the major focus of all federal criminal enforcement efforts. The latest available data show that criminal prosecutions for illegal entry, illegal re-entry, and similar immigration violations made up 52 percent of all federal prosecutions in FY 2016. During the 12 months ending September 30, immigration prosecutions totaled 69,636. This… Continue Reading

Campus Speech and Harassment

Tsesis, Alexander, Campus Speech and Harassment (November 23, 2016). Minnesota Law Review, Vol. 101, 2017. Available for download at SSRN: https://ssrn.com/abstract=2874919 “A theoretical question that runs through the debate on the constitutionality of campus speech codes asks whether free speech values are best preserved by categorical rules or balancing factors. Whether campus codes are constitutional… Continue Reading

Copyright Infringement Litigation Fell 22 Percent in FY 2016

“New federal lawsuits over issues of copyright infringement fell 22 percent last year. Case-by-case court records compiled and analyzed by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University found a total of 3,944 new federal copyright infringement cases were filed in the U.S. District Courts during fiscal year 2016. This is down from the… Continue Reading

Amazon sues resellers of counterfeit goods

WSJ – “Amazon.com Inc. this week filed lawsuits targeting sellers allegedly listing counterfeit goods on its website, publicly cracking down on an issue that has caused increasing friction. The two lawsuits, Amazon’s first legal challenge against its third-party sellers for bogus products, pertain to fake versions of the Forearm Forklift, a strap system that allows… Continue Reading

Immigration Court – Backlog Now at 521,676 Cases

Transactional Records Access Clearinghouse: “The latest Immigration Court data show the growth in the court’s crushing backlog of cases continued through the first month of FY 2017. During the month of October, the court’s backlog rose by 5,645 cases, and reached 521,676. In California, the backlog rose to a total of 95,801 cases as of… Continue Reading

Fry v. Napoleon Community Schools

NPR – A Girl And Her Service Dog Head To The Supreme Court – “Ehlena Fry was born with cerebral palsy, a condition that significantly limited her motor skills but not her cognitive ability. So when she was 5, her pediatrician recommended that her parents get a service dog to help her become more independent.… Continue Reading

Americans with Disabilities Act Lawsuits Up 28 Percent in FY 2016

Transactional Records Access Clearinghouse: “Fiscal year 2016 set a new record for litigation under the Americans with Disabilities Act. During the twelve months ending September 30, a total of 9,373 new suits were filed. This is up 28 percent over the previous year and more than double the number filed just five years ago. While… Continue Reading

Search thousands of historical documents from the Nuremberg trials

“The Harvard Law School Library uniquely owns and manages approximately one million pages of documents relating to the trial of military and political leaders of Nazi Germany before the International Military Tribunal (IMT) and the subsequent twelve trials of other accused Nazi war criminals before the United States Nuremberg Military Tribunals (NMT) during the period… Continue Reading

Federal Judge Approves FTC Order for Owners of Certain Volkswagen and Audi “Clean” Diesels to Receive Compensation

Via FTC: A federal district court judge in San Francisco today signed a $10 billion settlement order, starting the formal process for owners of certain Volkswagen and Audi 2.0 liter diesel cars to receive compensation for the vehicles they bought. Under the $10 billion Federal Trade Commission order, in most cases the owners of VW… Continue Reading

Federal Judge approves $15B settlement in Volkswagen emissions case

USAToday – “A federal judge on Tuesday approved one of the largest consumer settlements in U.S. history, a nearly $15 billion U.S. deal concerning Volkswagen Group’s diesel car emissions scandal. The settlement sets in motion a massive vehicle buyback program and environmental remediation efforts.” See also previous posting –Volkswagen Agrees to Record Settlement in Emissions Case and Volkswagen… Continue Reading