Accurate, Focused Research on Law, Technology and Knowledge Discovery Since 2002

Category Archives: Courts

6 countries named in revised Trump travel order accounted for more than 650,000 U.S. entries since 2006

Pew – “The six nations affected by a new executive order that prevents their citizens from obtaining new visas to enter the United States for 90 days accounted for 649,932 legal U.S. entries between fiscal years 2006 and 2015. This group includes visitors, students and diplomats as well as refugees and new lawful permanent residents,… Continue Reading

Hawaii v. Trump

“Hawaii Attorney General Doug Chin announced today that the state of Hawaii has filed a motion for a temporary restraining order in its federal lawsuit against President Donald Trump, following the new executive order banning travel from six Muslim-majority nations issued earlier this week. Today’s filings ask the court to declare that sections 2 and… Continue Reading

Judge Neil M. Gorsuch Nominee to be Associate Justice for Supreme Court of the United States

Senate Judiciary Committee – Judge Neil M. Gorsuch Nominee to be Associate Justice for the Supreme Court of the United States Tuesday, January 31, 2017 Questionnaire & other Nomination Materials – This link will be updated as material is received. Instructions for Media Covering the Hearing “On January 31, 2017, President Donald J. Trump announced… Continue Reading

The Scalia Vacancy in Historical Context: Frequently Asked Questions

The Scalia Vacancy in Historical Context: Frequently Asked Questions. March 1, 2017 R44773 “The procedure for appointing a Justice to the Supreme Court of the United States is provided for by the Constitution in only a few words. The “Appointments Clause” (Article II, Section 2, clause 2) states that the President “shall nominate, and by… Continue Reading

Privacy, Freedom of Expression, and the Right to Be Forgotten in Europe

Kulk, Stefan and Zuiderveen Borgesius, Frederik J., Privacy, Freedom of Expression, and the Right to Be Forgotten in Europe (February 25, 2017). Cambridge Handbook of Consumer Privacy, eds. Jules Polonetsky, Omer Tene, and Evan Selinger (Cambridge University Press, 2017). Available at SSRN: https://ssrn.com/abstract=2923722 “In this chapter we discuss the relation between privacy and freedom of… Continue Reading

The Immigration Court’s Institutional Hearing Program: How Will It Be Affected

“Special Immigration Court hearings under the court’s Institutional Hearing Program (IHP) appear slated for expansion under President Trump. A new directive, signed by Department of Homeland Security Secretary John Kelly on Monday, February 20, 2017 provides that “to the maximum extent possible” removal proceedings be initiated against noncitizens currently “incarcerated in federal, state, and local… Continue Reading

Suits Challenging Confinement of Noncitizens Jump

“Habeas corpus filings in federal courts challenging the confinement of noncitizens have risen sharply. The latest available data from the federal courts show that during January 2017 the government reported 168 new habeas corpus civil filings by noncitizens. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up… Continue Reading

The Misjudgment of Criminal Responsibility

Beattey, Robert A. and Fondacaro, J.D., Ph.D., Mark R., The Misjudgment of Criminal Responsibility (February 18, 2017). Beattey, R., & Fondacaro, M.R. The misjudgment of criminal responsibility, Behavioral Sciences & the Law, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2919855 “Generally, a criminal statute must consist of two essential elements: a description of the forbidden act (actus reus)… Continue Reading

Appeals court rules banned assault weapons are designed to kill or disable enemy on battlefield

Slate – Appeals Court Rules that Second Amendment Doesn’t Protect Right to Assault Weapons: “On Tuesday [February 21, 2017] , the U.S. Court of Appeals for the 4th Circuit ruled that the Second Amendment doesn’t protect assault weapons—an extraordinary decision keenly attuned to the brutal havoc these firearms can wreak. Issued by the court sitting… Continue Reading

Working Without a Net: Supreme Court Decision Making as Performance

Gedicks, Frederick Mark, Working Without a Net: Supreme Court Decision Making as Performance (February 17, 2017). BYU Law Research Paper No. 17-09. Available at SSRN: https://ssrn.com/abstract=2919682 “A Depression-era Justice once suggested that in constitutional challenges the Supreme Court simply compares government action to the Constitution and decides “whether the latter squares with the former.” Chief… Continue Reading

CrowdJustice

“CrowdJustice is a crowdfunding platform built for legal cases. We launched in May 2015, as a way to democratise access to the legal system. We wanted to help make the law a powerful tool for everyone – not just a tool for the powerful. We’ve since seen cases challenge the government, go to the Supreme… Continue Reading

Paper – Peer Effects on the United States Supreme Court

Holden, Richard and Keane, Michael and Lilley, Matthew, Peer Effects on the United States Supreme Court (February 3, 2017).  Available at SSRN: https://ssrn.com/abstract=2916394 “Using data on essentially every US Supreme Court decision since 1946, we estimate a model of peer effects on the Court. We consider both the impact of justice ideology and justice votes… Continue Reading