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Category Archives: Courts

Injunction against metadata collection reversed by U.S. Court of Appeals for D.C. Circuit

EFF – “The U.S. Court of Appeals for the D.C. Circuit’s opinion [August 28, 2015] in Klayman v. Obama is highly disappointing and, worse, based on a mistaken concern about the underlying facts. The court said that since the plaintiffs’ phone service was provided by one subsidiary of Verizon—Verizon Wireless—rather than another—Verizon Business—they couldn’t prove that theyContinue Reading

Appeals Court Upholds FTC’s Data Security Authority

EPIC – “A federal appeals court ruled that the Federal Trade Commission can enforce data security standards. In FTC v. Wyndham, the agency sued Wyndham hotels after the company exposed financial data of hundreds of thousands of customers. The company argued that the FTC lacked authority to enforce security standards, but the court disagreed. EPICContinue Reading

Mandatory Minimum Sentencing: Federal Aggravated Identity Theft

CRS report vai FAS – Mandatory Minimum Sentencing: Federal Aggravated Identity Theft – Charles Doyle, Senior Specialist in American Public Law. August 20, 2015. “Aggravated identity theft is punishable by a mandatory minimum sentence of imprisonment for two years or by imprisonment for five years if it relates to a terrorism offense. At least thusContinue Reading

Thousands of Americans cannot make bail each year and end up in jail

The Bail Trap, Nick Pinto, New York Times Magazine, August 15, 2015 “Criminal justice,” President Obama said in a speech to the N.A.A.C.P. last month, “is not as fair as it should be. Mass incarceration makes our country worse off, and we need to do something about it.” Two days after the speech, Obama becameContinue Reading

Central American Deportation Cases Dominate U.S. Immigration Courts

“Persons from Central America continue to outnumber those from Mexico when DHS seeks deportation orders in Immigration Court, according to the latest government data obtained by the Transactional Records Access Clearinghouse (TRAC). During the first ten months of fiscal year 2015, 42 percent of DHS filings involved individuals from Central America, primarily Guatemala, El SalvadorContinue Reading

Reducing Mass Incarceration Requires Far-Reaching Reforms

The Prison Population Forecaster – Ryan King, Bryce Peterson, Brian Elderbroom, and Elizabeth Pelletier – “Roughly 2.2 million people are locked up in prison or jail; 7 million are under correctional control, which includes parole and probation; and more than $80 billion is spent on corrections every year. Research has shown that policy changes overContinue Reading

Court moves mass internet surveillance case one step forward

EFF – Cindy Cohn:  “NSA Spying: Government’s Latest Delay Tactic Fails The United States Court of Appeals for the Ninth Circuit today rejected the government’s latest attempt to delay consideration of whether the NSA’s tapping into the Internet backbone is legal in Jewel v. NSA, clearing the path for the first appellate court decision onContinue Reading

Fall and Rise of the Antitrust Class Action

Waller, Spencer Weber, The Fall and Rise of the Antitrust Class Action (August 10, 2015). Available for download at SSRN: “Antitrust class actions have narrowed significantly in the United States in recent years but still remain robust compared to aggregate litigation in the rest of the world. While the Supreme Court continues to narrowContinue Reading

Someone Must Be Lying

Saltzburg, Stephen A., Someone Must Be Lying (2015). 28 Criminal Justice (2015); GWU Law School Public Law Research Paper No. 2015-30; GWU Legal Studies Research Paper No. 2015-30. Available for download at SSRN: “There is no rule that governs all cases when determining whether it’s permissible for prosecutors to argue in closing that theContinue Reading

Federal White Collar Crime Prosecutions At 20 Year Low

“The federal prosecution of individuals charged with white collar crimes is significantly lower than it was 20 years ago, according to thousands of case-by case records analyzed by Syracuse University’s Transactional Records Access Clearinghouse (TRAC). Records obtained under the Freedom of Information Act show that the overall decline began under President Clinton, and indicate thatContinue Reading

New on LLRX – Cut and Paste Opinions: A Turing Test for Judicial Decision-Making

Via – Cut and Paste Opinions: A Turing Test for Judicial Decision-Making  – Ken Strutin argues that cut-and-paste is a laudable method for reducing transcription errors in copying citations and quotations. However, he identifies that a problem arises when it is used to lift verbatim sections of a party’s arguments into a case decision.Continue Reading

Fewer Banking-Related Federal Civil Lawsuits

Transactional Records Access Clearinghouse: “The latest available data from the federal courts show that during June 2015 the government reported 18 new “banks and banking” civil filings. This number has been trending downward since new filings peaked at 79 during November of 2011. If filings continue at the same pace during the remainder of thisContinue Reading