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Category Archives: Courts

City of Los Angeles v. Patel

Lamparello, Adam, City of Los Angeles v. Patel: The Upcoming Supreme Court Case No One is Talking About (December 27, 2014). Available at SSRN: http://ssrn.com/abstract=2543157 “Focusing solely on whether a hotel owner has a reasonable expectation of privacy in a guest registry is akin to asking whether Verizon Wireless has a reasonable expectation of privacyContinue Reading

Irish Government Joins Microsoft Against US Govt Access to Cloud Based Servers

The Register: “The Irish government today supported Microsoft in its ongoing fight against US prosecutors – who appear to want access to server hard drives anywhere in the world. Microsoft has garnered serious backing from the technology industry in its case against American investigators. The Feds believe they have the right to access emails stored onContinue Reading

FOIA Suits Jump In 2014

“More freedom of information lawsuits were brought against the federal government in fiscal year 2014 than in any year since at least 2001, according to a new analysis of court records by the Transactional Records Access Clearinghouse (TRAC). A total of 422 Freedom of Information Act suits were filed in federal district court last year comparedContinue Reading

FBI 2013 Hate Crime Statistics

“Today, the FBI released its annual Hate Crime Statistics report, which revealed that 5,928 hate crime incidents involving 6,933 offenses were reported by our law enforcement partners to the Bureau’s Uniform Crime Reporting (UCR) Program in 2013. These hate crime incidents impacted a total of 7,242 victims—which are defined as individuals, businesses, institutions, or societyContinue Reading

The Second Amendment in the Twenty-First Century: What Hath Heller Wrought?

Charles, Patrick J., The Second Amendment in the Twenty-First Century: What Hath Heller Wrought? (December 1, 2014). William & Mary Bill of Rights, Vol. 23, 2015 Forthcoming. Available for download at SSRN: http://ssrn.com/abstract=2532722 “This article explores the impact District of Columbia v. Heller has had on the public discourse. It is a discourse that will beContinue Reading

Stubborn Things: An Empirical Approach to Facts, Opinions, and the First Amendment

Herz-Roiphe, Daniel, Stubborn Things: An Empirical Approach to Facts, Opinions, and the First Amendment (November 25, 2014). 103 Michigan Law Review First Impressions (2014 Forthcoming). Available for download at SSRN: http://ssrn.com/abstract=2530768 “This essay offers an empirical approach to assessing whether compelled disclosures are “factual” for the purposes of the First Amendment — the central issue atContinue Reading

Law Enforcement Without Borders

CDT – “A critical case is now working its way through the US courts—one that raises important questions for users and providers of cloud services in both the US and Europe. As part of a US criminal investigation, a US federal court has ordered Microsoft to hand over a customer’s files that the company holdsContinue Reading

Immigration Court Filings Rise12 Percent; Backlog Continues to Climb

“During FY 2014, the Department of Homeland Security (DHS) filed 222,956 applications for removal orders in Immigration Court, up 12.2 percent from the previous year. Despite an overall increase, there was a substantial drop in the number of applications that were based on allegations of criminal activity by the individual. In fact, only 20,217 outContinue Reading

How Many Americans Could Lose Subsidies If the Supreme Court Rules for the Plaintiffs in King vs. Burwell?

Kaiser Family Foundation: “This map based on Foundation analysis of Congressional Budget Office estimates of Marketplace enrollment provides a state-level breakdown of the number of Americans who in 2016 could be denied financial assistance to help pay insurance premiums for plans purchased in the Affordable Care Act’s federally operated insurance exchanges. In a related column in The WallContinue Reading

Immigration Detainers Decline 39 Percent Since FY 2012

“There has been a dramatic drop in the number of detainers issued by Immigration and Customs Enforcement (ICE), according to the latest available data from the agency. In the eighteen month period from the end of FY 2012 through March 2014, there has been a 39 percent decrease in the number of ICE detainers sentContinue Reading

New on LLRX – NY bar on ethics of cloud computing – again

Via LLRX.com – NY bar on ethics of cloud computing – again – Nicole Black lauds the the leading edge role taken by the New York State Bar in determining issues related to lawyer use of cloud computing and client confidential data. In two different opinions handed down in the latter half of this year, the New YorkContinue Reading

New on LLRX – Criminal, privacy implications of drones

Via LLRX.com – Criminal, privacy implications of drones – Nicole Black discusses a recent NJ case that raises significant questions about the future of privacy and the use of drones for surveillance purposes by both private individuals and governmental entities. Cases such as this one involving the discharge of a weapon to destroy a privately owned drone usedContinue Reading