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Category Archives: Courts

EPIC – Supreme Court Rejects Google’s Street View Appeal

“The U.S. Supreme Court has denied a petition from Google to reverse the decision in the Google Street View case. In Joffe v. Google, Internet users sued Google for intercepting private communications, including passwords, medical records, and financial information, of millions of users across the country. EPIC filed a friend of the court brief in support of Internet users, arguing that Wi-Fi communications are notContinue Reading

New on LLRX – Comforting Witnesses, Discomforting Due Process

Via LLRX.com - Comforting Witnesses, Discomforting Due Process “Many of us are aware of, and have had contact with various types of therapy dogs, in places that range from the workplace to our public transportation systems. But we may not be aware of the growing use and integration into the legal system of therapeutic “comfort dogs”Continue Reading

Juries and Prior Convictions: Managing the Demise of the Prior Conviction Exception to Apprendi

King, Nancy J., Juries and Prior Convictions: Managing the Demise of the Prior Conviction Exception to Apprendi (June 1, 2014). Southern Methodist University Law Review, Forthcoming. Available for download at SSRN: http://ssrn.com/abstract=2459682 “This essay offers a menu of procedural alternatives for coping with the potential, some would say inevitable, abandonment of the prior conviction exception toContinue Reading

ODNI and DOJ – Declassification of Renewal of Collection Under Section 501 of FISA

“On March 28, 2014, the Director of National Intelligence (DNI) declassified and disclosed publically that the U.S. government had filed an application with the Foreign Intelligence Surveillance Court (FISC) seeking renewal of the authority to collect telephony metadata in bulk, and that, on March 28, 2014, the FISC renewed that authority.  The DNI also announcedContinue Reading

National Labor Relations Board v. Noel Canning

Complete coverage and archive of all documents relevant to the case via SCOTUSblog: “Holding: The Recess Appointments Clause authorizes the president to fill any existing vacancy during any recess – whether occurring during or between sessions of Congress – of sufficient length. However, for purposes of the clause, the Senate is in session whenever itContinue Reading

Network Neutrality and Quality of Service: What a Non-Discrimination Rule Should Look Like

van Schewick, Barbara, Network Neutrality and Quality of Service: What a Non-Discrimination Rule Should Look Like (June 26, 2014). Stanford Law Review, Forthcoming; Stanford Law and Economics Olin Working Paper No. 462; Stanford Public Law Working Paper No. 2459568. Available for download at SSRN: http://ssrn.com/abstract=2459568 “In December 2010, the Federal Communications Commission (FCC) adopted the OpenContinue Reading

Despite Rise in Felony Charges, Most Immigration Convictions Remain Misdemeanors

“Convictions for the petty offense of illegal entry continue to dominate the criminal enforcement of federal immigration laws, according to a new analysis by the Transactional Records Access Clearinghouse (TRAC) of case-by case records from the Justice Department. During the first six months of fiscal year 2014, two out of three immigration convictions — 24,647 outContinue Reading

Unanimous Supreme Court Upholds Privacy Rights of Cell Phone Users – EPIC

EPIC – “The Supreme Court ruled today that a warrantless search of a cell phone violates the Fourth Amendment, even when it occurs during a lawful arrest. The Court’s decision in Riley v. California makes clear that “a search of the information on a cell phone bears little resemblance to the type of brief physical search” allowedContinue Reading

ABA Opinion – Lawyer Reviewing Jurors’ Internet Presence

Formal Opinion 466 April 24, 2014  - Lawyer Reviewing Jurors’ Internet Presence “Unless limited by law or court order, a lawyer may review a juror’s or potential juror’s Internet presence, which may include postings by the juror or potential juror in advance of and during a trial, but a lawyer may not communicate directly or throughContinue Reading

Federal Appeals Court Releases “Drone Killing” Memo, EPIC Filed Amicus

EPIC – “The Court of Appeals for the Second Circuit today made public the legal analysis justifying the Administration’s controversial “targeted killing” drone program. The action follows an earlier ruling by the federal appeals court in New York Times v. Department of Justice. The government had argued that this memo could not be disclosed under the Freedom ofContinue Reading

The Growth of Incarceration in the United States

“After decades of stability from the 1920s to the early 1970s, the rate of imprisonment in the United States more than quadrupled during the last four decades. The U.S. penal population of 2.2 million adults is by far the largest in the world. Just under one-quarter of the world’s prisoners are held in American prisons.Continue Reading

Obama Renews NSA Bulk Record Collection Program – EPIC

EPIC – “Today the Attorney General and the Director of National Intelligence announced that the President will seek a renewal of the court order authorizing the NSA’s bulk collection of American telephone records through September 12, 2014. The President has chosen to renew this order despite his promise in March 2014 to end the bulk collection program and theContinue Reading