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Category Archives: Courts

Juvenile Cases Help Push Immigration Court Backlog to New High

“As of the end of June 2014, the number of cases awaiting resolution before the Immigration Courts has climbed to an all time high of 375,503 — an increase of more than 50,000 since the start of FY 2013 — according to very timely government enforcement data obtained by the Transactional Records Access Clearinghouse (TRAC)Continue Reading

Improvements Coming to PACER and CM/ECF

News release: “Beginning August 11, you may notice some changes on the PACER website. These changes will include the opportunity  to upgrade your PACER account. NOTE: This upgrade is not mandatory. Your current PACER account will still function  normally. However, you will need to upgrade your account in order to perform any maintenance functions outsideContinue Reading

Impacts of the Children’s Internet Protection Act 10 Years Later

Fencing Out Knowledge - Impacts of the Children’s Internet Protection Act 10 Years Later, American Library Association, Policy Brief No. 5, June 2014. “What do Hotmail, YouTube, Google Docs, Facebook, and National Geographic have in common? They offer content and services that millions of Americans use every day to communicate, share content, and seek information. They alsoContinue Reading

Burwell v. Hobby Lobby Stores, Inc.

SCOTUSBlog – Burwell v. Hobby Lobby Stores, Inc.  “Linked with: Conestoga Wood Specialties Corp. v. Burwell Autocam Corp. v. Burwell Docket No. Op. Below Argument Opinion Vote Author Term 13-354 10th Cir. Mar 25, 2014 Tr. Jun 30, 2014 5-4 Alito OT 2013 Holding: As applied to closely held corporations, the regulations promulgated by theContinue Reading

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