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Category Archives: Courts

Privacy Board Renews Call for President Obama to End Bulk Collection

EPIC – “The Privacy and Civil Liberties Oversight Board released a report on prior recommendations regarding the NSA’s domestic and global surveillance programs. The Board stated that the Obama Administration has failed to end the domestic telephone collection program. The Board stated, “the Administration can end the bulk telephone records program at any time, without congressional involvement.” EPIC and a broad coalition have repeatedly urged the President end the NSA’s bulk record collection program. Previously, EPIC petitioned the Supreme Court, with the support of dozens of legal experts, arguing that the NSA program was unlawful.”

Implications of a Supreme Court Finding for the Plaintiff in King vs. Burwell

Urban Institute – Linda J. Blumberg, Matthew Buettgens, John Holahan. The Implications of a Supreme Court Finding for the Plaintiff in King vs. Burwell: 8.2 Million More Uninsured and 35% Higher Premiums, January 8, 2015. “The Supreme Court will hear the King v. Burwell case, in which the plaintiff argues that the ACA prohibits payment of premium taxContinue Reading

Dueling Canons

Krishnakumar, Anita S., Dueling Canons (January 9, 2015). St. John’s Legal Studies Research Paper No. 15-0002. Available for download at SSRN: http://ssrn.com/abstract=2549248 “This Article offers the first targeted study of the Supreme Court’s use of the canons and other tools of statutory interpretation in a “dueling” manner — i.e., to support opposing outcomes in bothContinue Reading

The Political Question Doctrine: Justiciability and the Separation of Powers

CRS – The Political Question Doctrine: Justiciability and the Separation of Powers. Jared P. Cole, Legislative Attorney. December 23, 2014. “Article III of the Constitution restricts the jurisdiction of federal courts to deciding actual “Cases” and “Controversies.” The Supreme Court has articulated several “justiciability” doctrines emanating from Article III that restrict when federal courts will adjudicate disputes. One justiciability concept is the politicalContinue Reading

Ford Tries to Shut Down Independent Repair Tool with Copyright

EFF – “…The Ford Motor Company…recently sued Autel, a manufacturer of third-party diagnostics for automobiles, for creating a diagnostic tool that includes a list of Ford car parts and their specifications. Ford claims that it owns a copyright on this list of parts, the “FFData file,” and thus can keep competitors from including it inContinue Reading

2014 Year-End Report on the Federal Judiciary

The Chief Justice’s 2014 Year-End Report – December 31, 2014. “The Supreme Court is currently developing its own electronic filing system, which may be operational as soon as 2016. Once the system is implemented, all filings at the Court—petitions and responses to petitions, merits briefs, and all other types of motions and applications—will be available to the legal community andContinue Reading

Mortgage Securitization Discrimination

Beverly Adkins et al. v Morgan Stanley “The National Consumer Law Center is co-counsel for African American plaintiffs in a prospective class action lawsuit brought against Morgan Stanley. The lawsuit claims that the Defendant violated federal civil rights laws, the Fair Housing Act and the Equal Credit Opportunity Act as well as state laws byContinue Reading

City of Los Angeles v. Patel

Lamparello, Adam, City of Los Angeles v. Patel: The Upcoming Supreme Court Case No One is Talking About (December 27, 2014). Available at SSRN: http://ssrn.com/abstract=2543157 “Focusing solely on whether a hotel owner has a reasonable expectation of privacy in a guest registry is akin to asking whether Verizon Wireless has a reasonable expectation of privacyContinue Reading

Irish Government Joins Microsoft Against US Govt Access to Cloud Based Servers

The Register: “The Irish government today supported Microsoft in its ongoing fight against US prosecutors – who appear to want access to server hard drives anywhere in the world. Microsoft has garnered serious backing from the technology industry in its case against American investigators. The Feds believe they have the right to access emails stored onContinue Reading

FOIA Suits Jump In 2014

“More freedom of information lawsuits were brought against the federal government in fiscal year 2014 than in any year since at least 2001, according to a new analysis of court records by the Transactional Records Access Clearinghouse (TRAC). A total of 422 Freedom of Information Act suits were filed in federal district court last year comparedContinue Reading

FBI 2013 Hate Crime Statistics

“Today, the FBI released its annual Hate Crime Statistics report, which revealed that 5,928 hate crime incidents involving 6,933 offenses were reported by our law enforcement partners to the Bureau’s Uniform Crime Reporting (UCR) Program in 2013. These hate crime incidents impacted a total of 7,242 victims—which are defined as individuals, businesses, institutions, or societyContinue Reading

The Second Amendment in the Twenty-First Century: What Hath Heller Wrought?

Charles, Patrick J., The Second Amendment in the Twenty-First Century: What Hath Heller Wrought? (December 1, 2014). William & Mary Bill of Rights, Vol. 23, 2015 Forthcoming. Available for download at SSRN: http://ssrn.com/abstract=2532722 “This article explores the impact District of Columbia v. Heller has had on the public discourse. It is a discourse that will beContinue Reading