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Category Archives: Courts

The Fourth Amendment in the Information Age

Robert S. Litt, The Fourth Amendment in the Information Age, 126 YALE L.J. F. 8 (2016), http://www.yalelawjournal.org/forum/fourth-amendment-information-age. “To badly mangle Marx, a specter is haunting Fourth Amendment law—the specter of technological change. In a number of recent cases, in a number of different contexts, courts have questioned whether existing Fourth Amendment doctrine, developed in an… Continue Reading

Empirical Analyses of Judicial Opinions: Methodology, Metrics and the Federal Circuit

Rantanen, Jason, Empirical Analyses of Judicial Opinions: Methodology, Metrics and the Federal Circuit (May 3, 2016). Connecticut Law Review, Forthcoming. Available at SSRN: http://ssrn.com/abstract=2774307 “Despite the popularity of empirical studies of the Federal Circuit’s patent law decisions, a comprehensive picture of those decisions has only recently begun to emerge. Historically, the literature has largely consisted… Continue Reading

Judge Merrick Garland: His Jurisprudence and Potential Impact on the Supreme Court

CRS Report via FAS – Judge Merrick Garland: His Jurisprudence and Potential Impact on the Supreme Court. Andrew Nolan, Coordinator, Legislative Attorney; Kate M. Manuel, Coordinator, Legislative Attorney; Brandon J. Murrill, Coordinator, Legislative Attorney. April 27, 2016. “On March 16, 2016, President Obama nominated Judge Merrick Garland of the U.S. Court of Appeals for the… Continue Reading

New on LLRX – Evolutions in DNA Forensics

Via LLRX.com – Evolutions in DNA Forensics – Criminal law expert Ken Strutin’s new article is yet another research tour de force – a collection of recent and notable developments concerning DNA as forensic science, metric of guilt, herald of innocence, and its emerging place in the debate over privacy and surveillance. The increasing use… Continue Reading

FISA Court did not reject any warrant requests in 2015

Via ZDNet: “A secret court that oversees the US government’s surveillance requests accepted every warrant that was submitted last year, according to new figures. The Washington DC.-based Foreign Intelligence Surveillance Court received 1,457 requests from the National Security Agency and the Federal Bureau of Investigation to intercept phone calls and emails. In long-standing fashion, the… Continue Reading

Supreme Court expands surveillance powers of intelligence agency

Via The Intercept: “The Supreme Court on approved [April 28, 2016] changes that would make it easier for the FBI to hack into computers, including those belonging to victims of cybercrime. The changes will take effect in December, unless Congress adopts competing legislation. Previously, under the federal rules on criminal procedures, a magistrate judge couldn’t… Continue Reading

GAO Reports – Defense Health Care, Indian Health Service, SEC InfoSec, Missile Defense, Public Transit, Veterans Justice, F-35 Joint Strike Fighter

Defense Health Care: DOD Is Meeting Most Mental Health Care Access Standards, but It Needs a Standard for Follow-up Appointments, GAO-16-416: Published: Apr 28, 2016. Publicly Released: Apr 28, 2016. Indian Health Service: Actions Needed to Improve Oversight of Patient Wait Times, GAO-16-333: Published: Mar 29, 2016. Publicly Released: Apr 28, 2016. Information Security: Opportunities… Continue Reading

Prosecutorial Analytics

Kreag, Jason, Prosecutorial Analytics (April 12, 2016). Washington University Law Review (2017) Forthcoming; Arizona Legal Studies Discussion Paper No. 16-10. Available for download at SSRN: http://ssrn.com/abstract=2764399 “The institution of the prosecutor has more power than any other in the criminal justice system. What is more, prosecutorial power is often unreviewable as a result of limited… Continue Reading

Conviction by Prior Impeachment

Roberts, Anna, Conviction by Prior Impeachment (April 22, 2016). Boston University Law Review, Forthcoming (2016). Available for download at SSRN: http://ssrn.com/abstract=2768951 “Impeaching the testimony of criminal defendants through the use of their prior convictions is a practice that is triply flawed: it relies on assumptions belied by data; it has devastating impacts on individual trials;… Continue Reading

Public Advocate Appointed by FISA Court Declares PRISM Surveillance Unconstitutional

TechDirt: “On [April 19, 2016], the Office of the Director of National Intelligence released some redacted versions of three previously secret FISA Court rulings. There are a few interesting things in them, but one notable point, found in a ruling from last November regarding the NSA’s 702 PRISM program, is that the FISC took advantage… Continue Reading

Crime in 2015: A Final Analysis

Brennan Center for Justice: Ames Grawert and James Cullen – “This analysis provides final crime data to update the report, Crime in 2015: A Preliminary Analysis. It finds the same conclusions as that report (and its December 2015 update), with slightly different percentages.” Summary of Findings: “The analysis examines crime in the 30 largest cities… Continue Reading

SCOTUS upholds $2B judgment in favor of terror victims against Iran

Via Findlaw: “The United States Supreme Court ruled that almost $2 billion in assets seized from Bank Markazi, Iran’s central bank, can be used to pay victims of terror attacks and their families who won default judgments against the country in civil.. – Bank Markazi v. Peterson, et al. Continue Reading