Accurate, Focused Research on Law, Technology and Knowledge Discovery Since 2002

Category Archives: Courts

Judge Posner Solves Sherlock Holmes Copyright Case

Rita Yoon, McDermott Will & Emery: “The original character of the famous detective Sherlock Holmes, along with his sidekick, Dr. John H. Watson, are no longer subject to copyright protection.  In an opinion by Judge Richard A. Posner, the U.S. Court of Appeals for the Seventh Circuit held that copyright protection in these century-old literary characters cannot be extended simply by changing their features in later stories.  When the original story expires, the characters covered by the expired copyright are “fair game” for follow-on authors.  Klinger v. Conan Doyle Estate, Ltd., Case No. 14-1128 (7th Cir., Jun. 16, 2014) (Posner, J.).”

Same-Sex Marriage: A Legal Background After United States v. Windsor

CRS – Same-Sex Marriage: A Legal Background After United States v. Windsor. Alison M. Smith, Legislative Attorney. August 15, 2014. “The recognition of same-sex marriage generates debate on both the federal and state levels. Either legislatively or judicially, same-sex marriage is legal in more than a dozen states and the District of Columbia. Conversely, many states have statutory or constitutionalContinue Reading

PACER is running out of disk space – removes cases from server

NO LONGER AVAILABLE ON PACER - As of August 10, 2014 the following information will no longer be available on PACER:  U.S. Court of Appeals for the 2nd Circuit Cases filed prior to January 1, 2010 U.S. Court of Appeals for the 7th Circuit Cases filed prior to CM/ECF conversion U.S. Court of Appeals for theContinue Reading

Security Experts: EPIC Correct About Body Scanners-Invasive and Ineffective

“The first independent analysis of backscatter x-ray body scanners corroborate the claims EPIC and others have made for several years: The scanners are invasive and ineffective. In a detailed report published in 2005, EPIC warned that the x-ray body scanners amounted to a virtual strip search and were an ineffective means of airport security. Freedom of Information Act documents later obtainedContinue Reading

Preliminary Draft of Proposed Amendments Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure

“On August 15, 2014, the public comment period opens for proposed amendments to: Appellate Rules 4, 5, 21, 25, 26, 27, 28.1, 29, 32, 35, and 40, and Forms 1, 5, 6, and New Form 7; Bankruptcy Rules 1010, 1011, 2002, 3002, 3002.1, 3007, 3012, 3015, 4003, 5009, 7001, 9006, and 9009, and New RuleContinue Reading

New on LLRX – Case Law in an Era of Heightened Scrutiny

Via LLRX.com - Case Law in an Era of Heightened Scrutiny - Ken Strutin’s documents the scope of sources that encompass a critical issue that has recently repeatedly surfaced in mass media and the legal press – the fact that judicial decisions are believed to embody legal reasoning, societal values and support the foundations of our legal system. ForContinue Reading

NSA’s Internet Metadata Program Was Sharply Criticized By FISA Judges – EPIC

“Documents Obtained by EPIC Lawsuit Show NSA’s Internet Metadata Program Was Sharply Criticized By FISA Judges While Congressional Oversight Lagged for Year: In a FOIA lawsuit against the Department of Justice, EPIC has obtained many documents about the NSA’s Internet Metadata program. These include the Government’s original FISA application seeking authorization to collect data from millions of e-mails, as wellContinue Reading

Deconstructing and Reconstructing Rights for Immigrant Children

Corcoran, Erin B., Deconstructing and Reconstructing Rights for Immigrant Children (August 8, 2014). Available at SSRN: http://ssrn.com/abstract=2477955 “Children rights advocates and scholars alike continue to call for the development of innovative and alternative rights models, which specifically provide for an expansive conceptualization of children’s rights. Central to their calls for reform is a simultaneous recognition thatContinue Reading

Failing Expectations: Fourth Amendment Doctrine in the Era of Total Surveillance

Sylvain, Olivier, Failing Expectations: Fourth Amendment Doctrine in the Era of Total Surveillance (July 28, 2014). 49 Wake Forest Law Review 485. Available for download at SSRN: http://ssrn.com/abstract=2473101 “Today’s reasonable expectation test and the third-party doctrine have little to nothing to offer by way of privacy protection if users today are at least conflicted about whetherContinue Reading

Consumer Privacy Organizations Oppose Farcical Class Action Settlement

“EPIC, along with a group of consumer privacy organizations, has asked the Federal Trade Commission to object to an unfair class action settlement in California federal court. In 2010, Google was sued for sharing user web browsing information with advertisers. Under the proposed settlement agreement, Google will distribute several million dollars to a handful of organizations, many ofContinue Reading

Rise Seen in Asylum Denial Rates

Transactional Records Access Clearinghouse: “The odds of an asylum claim being denied in Immigration Court has risen to 50.2 percent during the first nine months of 2014. While this is the highest denial rate since FY 2009, it is still much lower than ten years ago when nearly two out of three (62.6%) of thoseContinue Reading

EPIC Sues FBI for Missing Privacy Reports

“EPIC has filed a Freedom of Information Act lawsuit to obtain details about the Federal Bureau of Investigation’s surveillance programs. The agency is required to conduct privacy impact assessments when it collects and uses personal data. However, the Bureau has failed to publicly release privacy impact assessments for many of its programs, including facial recognition, drones, and license plateContinue Reading