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Category Archives: Courts

A National Consensus: Cell Phone Location Records Are Private – EFF

“The Fourth Amendment protects us from “unreasonable” government searches of our persons, houses, papers and effects. How courts should determine what is and isn’t reasonable in our increasingly digital world is the subject of a new amicus brief we filed today in San Francisco federal court.  At issue is historical cell site data—the records of the cell towers a customer’sContinue Reading

Federal and State Wiretaps Up 5% in 2013 According to Annual Report

EPIC: “The Administrative Office of the U.S. Courts has issued the 2013 Wiretap Report, detailing the use of surveillance authorities by law enforcement agencies. This annual report, one of the most comprehensive issued by any agency, provides an insight into the debate over surveillance authorities and the use of privacy-enhancing technologies. In 2013, wiretap applications increasedContinue Reading

Free Exercise of Religion by Closely Held Corporations – CRS

Free Exercise of Religion by Closely Held Corporations: Implications of Burwell v. Hobby Lobby Stores, Inc. Cynthia Brougher, Legislative Attorney. July 23, 2014 “One of the ongoing controversies related to the Affordable Care Act (ACA) has been the scope of exemption from certain health care coverage requirements, including the contraceptive coverage requirement. Though closely divided, the U.S. Supreme Court’sContinue Reading

26 Questions EU Regulators Want Google to Answer – WSJ

WSJ.com: “European Union privacy watchdogs grilled Google Inc. and other search engines for two hours on Thursday on how they are implementing the bloc’s new “right to be forgotten” online–and then gave them homework to do by next week, too. The main body that joins together the EU’s national data-protection regulators called the Brussels meeting withContinue Reading

New on LLRX – What Does the Hathitrust Decision Mean For Libraries?

Via LLRX.com - What Does the Hathitrust Decision Mean For Libraries? The library community welcomed the decision of the U.S. Court of Appeals for the Second Circuit in Authors Guild v. HathiTrust. The decision has implications for libraries that go far beyond the specific facts of the case. This paper by Jonathan Band offers some preliminary thoughts onContinue Reading

EFF Publishes New Whitepaper on the Broken Penalty System

EFF – “Today, the House Judiciary Committee [held] a hearing on “remedies” in copyright law—that is, the penalties, injunctions, and other means of challenging and penalizing alleged infringement. This is hugely important: fixing copyright’s remedy provisions (like excessive, unpredictable monetary penalties and government seizures of domain names) is key to ensuring that copyright does its job—helpingContinue Reading

The Evolution of Consensus in the U.S. Supreme Court

Rice, Douglas and Zorn, Christopher J., The Evolution of Consensus in the U.S. Supreme Court (July 22, 2014). Available for download at SSRN: http://ssrn.com/abstract=2470029 “For small, collegial bodies such as the U.S. Supreme Court, interpersonal dynamics play a key role in the decision making process. Previous work on the Court has focused on the existence ofContinue Reading

The Impact of Judicial Vacancies on Federal Trial Courts

Alicia Bannon – Brennan Center for Justice at New York University School of Law: “In an earlier report, the Brennan Center analyzed national court data on vacancies and caseload in order to document the burden that judicial vacancies create. In this study we dig deeper, analyzing the experiences of 10 districts that currently have judicial vacanciesContinue Reading

Trends in State Courts 2014

“Trends in State Courts 2014 focuses on what courts can do, and are doing, to serve the needs of society’s most vulnerable groups: juveniles and the elderly. Articles in two special sections focus on many aspects of juvenile justice and elder issues, such as the Models for Change Juvenile Justice Initiative funded by the John D.Continue Reading

The Good Society newest issues now open access : Democratic Theory and Mass Incarceration

Joshua A. Miller - “The new issue (vol. 23, no. 1) is devoted to a single symposium on the intersection of mass incarceration and democracy. It’s available on Project MUSE for institutional subscribers, and on JSTOR, where all the articles will be open access for the next two months Albert Dzur introduces the issue in “Penal Democracy.” Many of theContinue Reading

New Data on Unaccompanied Children in Immigration Court

“Records just obtained under the Freedom of Information Act offer new insights about government policies governing the handling of the recent surge of unaccompanied children seeking entry into the U.S. As of the end of June 2014, the more than 100,000 case records obtained and analyzed by Syracuse University’s Transactional Records Access Clearinghouse (TRAC) show thatContinue Reading

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