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Category Archives: Courts

TorrentFreak – Elsevier Wants CloudFlare to Expose Pirate Sites

Follow up to previous posting, Controversy over free journal access database keeps Sci-Hub in legal and research spotlight – Via TorrentFreak –  PDF copy of Memorandum of Law in Support of Plaintiffs’ Application for Leave to Take Expedited Discovery – Elsevier Inc., Elsevier B.V., and Elsevier Ltd. v Sci-Hub d/b/a ww.sci-hub.org, The Library Genesis Project… Continue Reading

Priority Cases Overwhelm Immigration Court’s Capacity to Handle

“The number of judges continue to prove insufficient to handle the growing backlog in the Immigration Courts. The problems are particularly acute for handling even priority cases like those involving unaccompanied children and women with children according to the latest court data updated through the end of August 2016 and analyzed by the Transactional Records… Continue Reading

FTC Charges Academic Journal Publisher OMICS Group Deceived Researchers

“The Federal Trade Commission has charged the publisher of hundreds of purported online academic journals with deceiving academics and researchers about the nature of its publications and hiding publication fees ranging from hundreds to thousands of dollars. The FTC’s complaint alleges that OMICS Group, Inc., along with two affiliated companies and their president and director,… Continue Reading

Brief of Amici Curiae 55 Antitrust and Competition Policy Scholars, Teladoc Inc. v. Texas Medical Board (5th Cir.)

Volokh, Alexander, Brief of Amici Curiae 55 Antitrust and Competition Policy Scholars, Teladoc Inc. v. Texas Medical Board (5th Cir.) (September 9, 2016). Available for download at SSRN: http://ssrn.com/abstract=2837026 “This appeal involves an effort by a state administrative agency, the Texas Medical Board, to evade the substance of federal antitrust law. The basic purpose of… Continue Reading

EFF – EU copyright ruling has far reaching impact on copyright and deep linking

EFF – “In a case which threatens to cause turmoil for thousands if not millions of websites, the Court of Justice of the European Union decided today that a website that merely links to material that infringes copyright, can itself be found guilty of copyright infringement, provided only that the operator knew or could reasonably… Continue Reading

Report – Rise of Debtors’ Prison for Kids, With Implications for Racial Disparities in Juvenile Courts

“Juvenile Law Center released a groundbreaking national report, Debtors’ Prison for Kids? The High Cost of Fines and Fees in the Juvenile Justice System. Juvenile Law Center analyzed state laws in all 50 states and the District of Columbia that provide for the imposition of juvenile court costs, fines, fees, or restitution on youth or… Continue Reading

Volkswagen Agrees to Record Settlement in Emissions Case

FTC Charges Volkswagen Deceived Consumers with Its “Clean Diesel” Campaign: In two related settlements, one with the United States and the State of California, and one with the U.S. Federal Trade Commission (FTC), German automaker Volkswagen AG and related entities have agreed to spend up to $14.7 billion to settle allegations of cheating emissions tests… Continue Reading

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