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

Category Archives: Courts

Does the Death Penalty Require Death Row? The Harm of Legislative Silence

McLeod, Marah Stith, Does the Death Penalty Require Death Row? The Harm of Legislative Silence (March 14, 2015). Ohio State Law Journal, Forthcoming. Available for download at SSRN: http://ssrn.com/abstract=2589716 “This Article exposes two flawed assumptions about death row in leading scholarship and judicial opinions. The first flawed assumption is that death row is an inevitableContinue Reading

Public Sector Unions & the First Amendment after Harris v. Quinn and Burwell v. Hobby Lobby

Tang, Aaron, Public Sector Unions & the First Amendment after Harris v. Quinn and Burwell v. Hobby Lobby (March 28, 2015). New York University Law Review, Forthcoming. Available for download at SSRN: http://ssrn.com/abstract=2586491 “When the Supreme Court struck down the so-called contraceptive mandate in Burwell v. Hobby Lobby Stores, it rested its ruling on theContinue Reading

What Went Wrong with the FISA Court

Brennan Center for Justice – What Went Wrong with the FISA Court by Elizabeth (Liza) Goitein, Faiza Patel, March 18, 2015. “The Foreign Intelligence Surveillance (FISA) Court is no longer serving its constitutional function of providing a check on the executive branch’s ability to obtain Americans’ private communications. Dramatic shifts in technology and law haveContinue Reading

Constitution Annotated

Via Congress.gov – “The Constitution of the United States of America: Analysis and Interpretation (popularly known as the Constitution Annotated) contains legal analysis and interpretation of the United States Constitution, based primarily on Supreme Court case law. This regularly updated resource is especially useful when researching the constitutional implications of a specific issue or topic.Continue Reading

European Court of Justice Hears Case Challenging “Safe Harbor” Agreement and NSA Spying

EPIC – “The Court of Justice for the European Union heard arguments this week in Maximilian Schrems v. Data Protection Commissioner, a case filed in Ireland following the revelations of the NSA PRISM program. At issue is whether the disclosure of EU citizens’ data by Facebook and other Internet companies to the NSA violates theContinue Reading

U.S. Circuit and District Court Nominations During President Obama’s First Six Years (2009-2014)

CRS – U.S. Circuit and District Court Nominations During President Obama’s First Six Years (2009-2014): Comparative Analysis with Recent Presidents, March 9, 2015. “The selection and confirmation process for U.S. circuit and district court judges is of continuing interest to Congress. Recent Senate debates over judicial nominations have focused on issues such as the relativeContinue Reading

New GAO Reports – Criminal History Records, Geospatial Data, Improper Payments, Military Base Realignments and Closures, Operational Contract Support, Recovery Act

Criminal History Records: Additional Actions Could Enhance the Completeness of Records Used For Employment-Related Background Checks, GAO-15-162: Published: Feb 12, 2015. Publicly Released: Mar 16, 2015. Geospatial Data: Progress Needed on Identifying Expenditures, Building and Utilizing a Data Infrastructure, and Reducing Duplicative Efforts, GAO-15-193: Published: Feb 12, 2015. Publicly Released: Mar 16, 2015. Homeland SecurityContinue Reading

Judicial Business of the United States Courts 2014

2014 Reports on Federal Courts Caseload and Activities Released “This report presents data and statistics on the work of the Federal Judiciary for the fiscal year ending September 30, 2014. Separate sections of this report address the appellate, district, and bankruptcy courts; the probation and pretrial services system; and other components of the Federal Judiciary.Continue Reading

‘Lost’ Clerks of the White Court Era

Cushman, Clare, ‘Lost’ Clerks of the White Court Era (March 4, 2015). Available for download at SSRN: http://ssrn.com/abstract=2573926 “While studies of early Supreme Court clerks have focused on the scholarly Justices (Horace Gray, Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo) who hired clerks from elite law schools and mentored them on to successful careers afterContinue Reading

Federal Courts Considers FTC’s Data Protection Authority

EPIC – “A federal appeals court heard arguments today in FTC v. Wyndham, an important data privacy case. Wyndham Hotels, which revealed hundreds of thousands of customer records following a data breach, is challenging the FTC’s authority to enforce data security standards. In an amicus brief joined by legal scholars and technical experts, EPIC defendedContinue Reading

Rights of Passage: On Doors, Technology, and the Fourth Amendment

Braverman, Irus, Rights of Passage: On Doors, Technology, and the Fourth Amendment (February 1, 2015). Law, Culture and the Humanities, 2015, DOI: 10.1177/1743872114520893 ; SUNY Buffalo Legal Studies Research Paper No. 2015-017. Available for download at SSRN: http://ssrn.com/abstract=2571482 “The importance of the door for human civilization cannot be overstated. In various cultures, the door hasContinue Reading

A Guide to the Supreme Court Argument in King v. Burwell

Kaiser Family Foundation – “On March 4, 2015, the Supreme Court will hear oral argument in King v. Burwell, a case challenging the availability of the Affordable Care Act’s (ACA) premium subsidies in states with a Federally-run Marketplace (including states with a Federally-facilitated Marketplace (FFM) and states with a Partnership Marketplace). In addition to expandingContinue Reading