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Category Archives: Courts

Selective Disclosure and Insider Trading: Tipper Wrongdoing in the 21st Century

Guttentag, Michael D., Selective Disclosure and Insider Trading: Tipper Wrongdoing in the 21st Century (August 26, 2016). Florida Law Review, Vol. 69, 2016, Forthcoming; Loyola Law School, Los Angeles Legal Studies Research Paper No. 2016-20. Available for download at SSRN: http://ssrn.com/abstract=2830735 “The Supreme Court in deciding Salman v. United States should update a confused and… Continue Reading

The Information-Forcing Role of the Judge in Multidistrict Litigation

Bradt, Andrew and Rave, D. Theodore, The Information-Forcing Role of the Judge in Multidistrict Litigation (August 23, 2016). California Law Review, Forthcoming. Available for download at SSRN: http://ssrn.com/abstract=2828461 “In this article, we address one of the most controversial and current questions in federal civil procedure: What is the proper role of the judge in the… Continue Reading

Congressional Efforts to Strip Federal Courts of Jurisdiction

CRS Reports & Analysis Legal Sidebar Dude, Where’s My Jurisdiction? Congressional Efforts to Strip Federal Courts of Jurisdiction – 08/17/2016 “Federal courts, in presiding over lawsuits, have significant power over the citizenry’s life, liberty, and property, and that power can be exercised in a manner that may raise concerns with the legislative branch. One way… Continue Reading

Federal Prisoner Petitions to Vacate Sentences Soar in 2016

“The latest available data from the federal courts show that during July 2016 the government reported 1,432 new federal prisoner petitions to vacate sentences were filed. This is the fourth month in a row that civil filings for these matters have been above a thousand, far above the typical number of less than 600 each… Continue Reading

SCOTUS – how disclosing revisions offers (confers?) benefits

Justices show how disclosing revisions offers (confers?) benefits – Adam Liptak, NYT – “Supreme Court opinions are not set in stone. Justices keep editing them after they are issued, correcting factual errors and even misstatements of law. For decades, those changes were made largely out of sight. But in October, on the first day of… Continue Reading

How Oliver Wendell Holmes Changed His Mind – And Changed the History of Free Speech in America

Cameron, Jamie, The Great Dissent: How Oliver Wendell Holmes Changed His Mind – And Changed the History of Free Speech in America, by Thomas Healy (August 10, 2016). Osgoode Legal Studies Research Paper No. 65/2016. Available for download at SSRN: http://ssrn.com/abstract=2821109 “Thomas Healy’s The Great Dissent re-treads the familiar story of US Supreme Court Justice… Continue Reading

Regaining Perspective: Constitutional Criminal Adjudication in the US Supreme Court

Crespo, Andrew Manuel, Regaining Perspective: Constitutional Criminal Adjudication in the U.S. Supreme Court (June 10, 2016). 100 Minn. L. Rev. 1985 (2016); Harvard Public Law Working Paper, No. 16-40. Available for download at SSRN: http://ssrn.co/abstract=2794208 “This article analyzes the U.S. Supreme Court’s institutional shift over the past four decades toward a prosecutorial perspective. It does… Continue Reading

One in Five International Terrorism Prosecutions in Eastern Virginia

“The Eastern District of Virginia headquartered in Alexandria leads the country in the number of international terrorism cases it prosecutes. The recent arrest of a Metro Transit Police Department (MTPD) law enforcement officer, Nicholas Young, is but the latest example. A total of 232 out of 1,180 federal criminal prosecutions nationally for international terrorism –… Continue Reading

Washington State AG announces lawsuit against Comcast for more than $100 million

News release: “Attorney General Bob Ferguson filed a lawsuit (August 1, 2016) against cable television and Internet giant Comcast Corporation in King County Superior Court, alleging the company’s own documents reveal a pattern of illegally deceiving their customers to pad their bottom line by tens of millions of dollars. The lawsuit accuses the company of… Continue Reading

Prosecution of Criminal Offenses against Congress

CRS Reports & Analysis Legal Sidebar via FAS – Prosecution of Criminal Offenses against Congress, July 26, 2016. “A House Oversight and Government Reform Committee hearingregarding the Federal Bureau of Investigation’s (FBI) inquiry of the potential mishandling of classified information has renewed questions about the process by which offenses against Congress are prosecuted. In the… Continue Reading

State Challenges to Federal Enforcement of Immigration Law: From the Mid-1990s to the Present

Via FAS – CRS report – State Challenges to Federal Enforcement of Immigration Law: From the Mid-1990s to the Present. Kate M. Manuel, Legislative Attorney. August 1, 2016: “States and localities can have significant interest in the manner and extent to which federal officials enforce provisions of the Immigration and Nationality Act (INA) regarding the… Continue Reading

American Bar Association launches Diversity and Inclusion Portal

News release: “BA President’s Diversity and Inclusion 360 Commission…formed by ABA President Paulette Brown, spent months reviewing and analyzing the state of diversity and inclusion in the legal profession, the judicial system and the American Bar Association with the aim of formulating methods, policies, standards and practices to “move the needle” and advance diversity and… Continue Reading