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Category Archives: Courts

‘Lost’ Clerks of the White Court Era

Cushman, Clare, ‘Lost’ Clerks of the White Court Era (March 4, 2015). Available for download at SSRN: http://ssrn.com/abstract=2573926 “While studies of early Supreme Court clerks have focused on the scholarly Justices (Horace Gray, Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo) who hired clerks from elite law schools and mentored them on to successful careers afterContinue Reading

Federal Courts Considers FTC’s Data Protection Authority

EPIC – “A federal appeals court heard arguments today in FTC v. Wyndham, an important data privacy case. Wyndham Hotels, which revealed hundreds of thousands of customer records following a data breach, is challenging the FTC’s authority to enforce data security standards. In an amicus brief joined by legal scholars and technical experts, EPIC defendedContinue Reading

Rights of Passage: On Doors, Technology, and the Fourth Amendment

Braverman, Irus, Rights of Passage: On Doors, Technology, and the Fourth Amendment (February 1, 2015). Law, Culture and the Humanities, 2015, DOI: 10.1177/1743872114520893 ; SUNY Buffalo Legal Studies Research Paper No. 2015-017. Available for download at SSRN: http://ssrn.com/abstract=2571482 “The importance of the door for human civilization cannot be overstated. In various cultures, the door hasContinue Reading

A Guide to the Supreme Court Argument in King v. Burwell

Kaiser Family Foundation – “On March 4, 2015, the Supreme Court will hear oral argument in King v. Burwell, a case challenging the availability of the Affordable Care Act’s (ACA) premium subsidies in states with a Federally-run Marketplace (including states with a Federally-facilitated Marketplace (FFM) and states with a Partnership Marketplace). In addition to expandingContinue Reading

Firearm-Related Injury and Death in the United States

Firearm-Related Injury and Death in the United States: A Call to Action From 8 Health Professional Organizations and the American Bar Association – Steven E. Weinberger, MD; David B. Hoyt, MD; Hal C. Lawrence III, MD; Saul Levin, MD, MPA; Douglas E. Henley, MD; Errol R. Alden, MD; Dean Wilkerson, JD, MBA; Georges C. Benjamin,Continue Reading

New on LLRX – Shaken Baby Syndrome: A Differential Diagnosis of Justice

Via LLRX.com – Shaken Baby Syndrome: A Differential Diagnosis of Justice – Ken Strutin’s article is a comprehensive examination of how the concept of Shaken Baby Syndrome (SBS) has become a battleground where medical evidence and legal presumptions clash, testing the limits of judicial wisdom. Strutin presents a collection of recent and select court decisions,Continue Reading

Harvard, MIT Sued Over Lack of Captioning for Online Courses

FindLaw Courtside: “The National Association of the Deaf filed two federal class actions complaints today. The suits — against Harvard University and the Massachusetts Institute of Technology (MIT) — allege that the universities discriminate against the deaf because their online content is not captioned, or is poorly or illegibly captioned. This lack of captioning, accordingContinue Reading

The Politics of Selecting the Bench from the Bar: The Legal Profession and Partisan Incentives to Politicize the Judiciary

Bonica, Adam, and Maya Sen. “The Politics of Selecting the Bench from the Bar: The Legal Profession and Partisan Incentives to Politicize the Judiciary.” HKS Faculty Research Working Paper Series RWP15-001, January 2015. “The American judiciary has increasingly come under attack as polarized and politicized. Using a newly collected dataset that captures the ideological positioningContinue Reading

Persons Sentenced: Where Does Your Judge Rank?

“The number of persons sentenced by individual federal judges varies widely, with the top ranking judge in the nation — Robert C. Brack of New Mexico — having sentenced 6,708 defendants in just the last five years. This total is nearly 2,000 more than the next judge on the list. “It tears at my heart,”Continue Reading

UK Tribunal Rules Secret Surveillance Unlawful

The Intercept: “The United Kingdom’s top surveillance agency has acted unlawfully by keeping details about the scope of its Internet spying operations secret, a British court ruled in an unprecedented judgment issued on Friday. Government Communications Headquarters, or GCHQ, was found to have breached human rights laws by concealing information about how it accesses surveillanceContinue Reading

The National Registry of Exonerations 2014

Report – 2014 was a record breaking year for exonerations in the United States, by a large margin. The National Registry of Exonerations has recorded 125 exonerations in 2014. The previous highest total was 91 in 2012 and again in 2013 , followed by 87 in 2001. All told, the Registry now lists 1,535 exonerationsContinue Reading

Judicial Capacity and Executive Power

Coan, Andrew and Bullard, Nicholas, Judicial Capacity and Executive Power (January 30, 2015). Available for download at SSRN: http://ssrn.com/abstract=2558177 “The budget of the United States executive branch is roughly 500 times greater than that of the judicial branch. The executive workforce is more than 50 times greater. How do these enormous disparities affect the practicalContinue Reading