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Category Archives: Courts

Miranda for the next Fifty Years: Why the Fifth Amendment Should Go Fourth

Dripps, Donald A., Miranda for the next Fifty Years: Why the Fifth Amendment Should Go Fourth (2017). Boston University Law Review, Forthcoming; San Diego Legal Studies Paper No. 17-270. Available at SSRN: https://ssrn.com/abstract=2946340 “This Article addresses the enduring controversy over the Miranda rules by comparing the Miranda jurisprudence with the Fourth Amendment jurisprudence. The Fourth… Continue Reading

7th Circuit rules sexual orientation of employees protected

On April 4, 2017 the Seventh Circuit Court of Appeals ruled (en banc) that Title VII of the Civil Rights Act of 1964 covers employees based on their sexual orientation… this case may be a battle ground for a Supreme Court case on LGBT rights. “WOOD, Chief Judge. Title VII of the Civil Rights Act of 1964 makes… Continue Reading

The Criminal Law Reform Project

ACLU – “The Criminal Law Reform Project (CLRP) focuses its work on the “front end” of the criminal justice system—from policing to sentencing— seeking to end excessively harsh criminal justice policies that result in mass incarceration, over-criminalization, and racial injustice, and stand in the way of a fair and equal society. By fighting for nationwide reforms… Continue Reading

Statement on ‘Bringing Justice Closer to the People: Examining Ideas for Restructuring the Ninth Circuit’

Hellman, Arthur D., Statement on ‘Bringing Justice Closer to the People: Examining Ideas for Restructuring the Ninth Circuit’ (March 16, 2017). Hearing Before the House Committee on the Judiciary — Subcommittee on Courts, Intellectual Property, and the Internet, March 16, 2017; U. of Pittsburgh Legal Studies Research Paper No. 2017-03. Available at SSRN: https://ssrn.com/abstract=2938699 “Congress… Continue Reading

Paper – Cybersecurity, Identify Theft, and Standing Law

Chou, James C., Cybersecurity, Identify Theft, and Standing Law: A Framework for Data Breaches Using Substantial Risk in a Post-Clapper World (December 15, 2016). National Security Law Brief, Vol. 7, No. 1, 2016. Available at SSRN: https://ssrn.com/abstract=2938692 “Since Clapper v. Amnesty International USA, many courts have shut the door on victims alleging a heightened risk… Continue Reading

SCOTUS hears arguments on patent rights and refilling printer cartridges

Gizmodo – Supreme Court Printer Cartridge Case Could Be the Citizens United of Products “It’s an obscure case that hasn’t received a ton of attention as it has made its way to the Supreme Court but the final verdict could set off a cascade of consequences in the world of consumer products. This week, oral… Continue Reading

Bail Reform: New Directions for Pretrial Detention and Release

Stevenson, Megan and Mayson, Sandra G., Bail Reform: New Directions for Pretrial Detention and Release (March 13, 2017). In Academy for Justice, A Report on Scholarship and Criminal Justice Reform (Erik Luna ed., 2017, Forthcoming).; U of Penn Law School, Public Law Research Paper No. 17-18. Available at SSRN: https://ssrn.com/abstract=2939273 “Our current pretrial system imposes… Continue Reading

Official Corruption Prosecutions Decline: February 2017

“The latest available data from the Justice Department show that during February 2017, the first complete month under the new Trump Administration, there were only 24 new official corruption prosecutions filed by federal prosecutors. During the last two fiscal years of the Obama Administration, federal prosecutors filed an average of 43 official corruption cases each… Continue Reading

Supreme Court Appointment Process: Consideration by the Senate Judiciary Committee

Supreme Court Appointment Process: Consideration by the Senate Judiciary Committee, Barry J. McMillion, Analyst in American National Government. March 17, 2017. “The appointment of a Supreme Court Justice is an event of major significance in American politics. Each appointment is of consequence because of the enormous judicial power the Supreme Court exercises as the highest… Continue Reading

Handful of lawyers now dominate the docket at SCOTUs

“A Reuters examination of nine years of cases shows that 66 of the 17,000 lawyers who petitioned the Supreme Court succeeded at getting their clients’ appeals heard at a remarkable rate. Their appeals were at least six times more likely to be accepted by the court than were all others filed by private lawyers during… Continue Reading

Judges in Maryland and Hawaii block revised Trump travel band

Update, March 16, 2017 – The New York Times – 2 Federal Judges Halt Trump’s New Travel Ban – “Both rulings – the one in Hawaii more expansive than the one in Maryland — said the likely purpose of the president’s order was a de facto ban on Muslims.” Follow-up up to previous postings, Responses to… Continue Reading

Court: FBI’s Secret Rules for Spying on Journalists Can Remain Secret

FindLaw – “In 2015, the Freedom of the Press Foundation sued the Department of Justice under the Freedom of Information Act in an attempt to force the DOJ to publish its rules for conducting warrantless spying on journalists in the United States. The DOJ responded that it had supplied all of the documentation the Foundation… Continue Reading