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Category Archives: Legal Research

Paper – Equitable Defenses in the Age of Statutes

Anenson, T. Leigh, Equitable Defenses in the Age of Statutes (November 6, 2016). Available at SSRN: https://ssrn.com/abstract=2877457
“The Supreme Court’s pending decision in SGA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, is the most recent in a series of cases struggling with the same issue: What is the scope and content of equitable defenses in federal statutes? This Article analyzes the integration of equitable defenses in statutory law for the first time. Concentrating on Supreme Court cases, it examines these doctrines across several statutory subjects. It identifies a pattern in the decisional history of equitable defenses in order to assist in building a body of cases along principled lines. The Article also reveals that while the Court tends to accept equitable defenses according to their tradition, it likewise limits them in light of legislative objectives. An expansive attitude of inclusion corresponds with a more restrictive view of their application. What is more, the Court is supplying their substance and scope from a combination of state and federal law. In this regard, the Court is adjudicating equitable defenses to generate a general common law. The Article additionally outlines the Court’s developing supervisory role vis-a-vis the lower courts. It further explores the challenges of continuity and change in incorporating these private law principles into public law to provide direction for the future. Overall, the Article suggests a way of looking at equitable defenses to better appreciate their place in the regulatory state.”

Enterprise Risk Management: Selected Agencies’ Experiences Illustrate Good Practices in Managing Risk

Enterprise Risk Management: Selected Agencies’ Experiences Illustrate Good Practices in Managing Risk, GAO-17-63: Published: Dec 1, 2016. Publicly Released: Dec 1, 2016. “Federal managers often handle complex and risky missions, such as preparing for and responding to natural disasters, and building and managing safe transportation systems. While it is not possible to eliminate all uncertainties… Continue Reading

EFF Fighting NSL Gag Orders With Help From CREDO and Internet Archive

News release: “…EFF has been litigating the constitutionality of NSLs on behalf of unnamed clients in a total of three related court cases beginning in 2011. This week, telecom provider CREDO confirmed that it was the company involved in one of these long-running cases, and published the letters it received three years ago. CREDO, represented… Continue Reading

How Often Does The News Media Bring FOIA Lawsuits?

The FOIA Project at the Transactional Records Access Clearinghouse: “Just how active is the news media in taking federal agencies to court when they don’t promptly turn over the records being sought? Hard data to reliably answer this question has been extremely limited. FOIAproject.org today announces an ambitious initiative aimed at filling this void. Starting… Continue Reading

The Manufacturing Footprint and the Importance of U.S. Manufacturing Jobs

Economic Policy Institute Report: “Executive summary – While U.S. manufacturing has been hit hard by nearly two decades of policy failures that have damaged its international competitiveness, it remains a vital part of the U.S. economy. The manufacturing sector employed 12 million workers in 2013, or about 8.8 percent of total U.S. employment. Manufacturing employs… Continue Reading

24/7 Wall St – Ranking Gender Inequality in All 50 States

“For many Americans, the election of Donald Trump represents a step back for the feminist movement. Whether or not the president-elect’s policies will result in meaningful progress for women’s rights, there remain severe inequalities the nation has yet to overcome. These issues include a gender pay gap, a lack of flexibility in the workplace during… Continue Reading

GovExec – GSA’s Trump Hotel Lease Debacle

“The Post Office Lease differs from many of Mr. Trump’s other business arrangements. That’s because, in writing the contract, the federal and D.C. governments determined, in advance, that elected officials could play no role in this lease arrangement. The contract language is clear: “No … elected official of the Government of the United States …… Continue Reading

IRS IG – Improvements Are Needed to Ensure the Protection of Data the IRS Transfers to External Partners

“When the Internal Revenue Service (IRS) has shared data, including Personally Identifiable Information, taxpayer information, and other sensitive data, with external entities, it has not always adequately protected the data through secure file transfer technology, according to an audit report that the Treasury Inspector General for Tax Administration (TIGTA) released today. The IRS shares data… Continue Reading

Internet Archive requests donations for a backup to be housed in Canada

This posting today by the Internet Archive’s Brewster Kahle – Help Us Keep the Archive Free, Accessible, and Private, is significant for all of us who use this resource, be it as as educators, librarians, attorneys, advocates for civil liberties, students, or as citizens or residents of the United States.  Brewster states: “We are building… Continue Reading

GPO releases digital version of bound Congressional Record 1981-1990

“The U.S. Government Publishing Office (GPO) partners with the Library of Congress (LC) to release the digital version of the bound Congressional Record from 1981-1990 on GPO’s govinfo. This release covers debates and proceedings of the 98th thru the 101st Congresses. This era of Congress covers historical topics such as: Ronald Reagan’s Presidency and the… Continue Reading

Library of Congress, Digital Public Library of America To Form New Collaboration

“The Library of Congress today signed a memorandum of understanding (MOU) with the Digital Public Library of America to become a “content hub partner” and will ultimately share a significant portion of its rich digital resources with DPLA’s database of digital content records. The first batch of records will include 5,000 items from three major… Continue Reading

Senate Sends Legislation Protecting Consumer Reviews to President

News release: “The U.S. Senate [November 28, 2016], by unanimous consent, sent bicameral legislation to the White House for the President’s signature that will outlaw the use of “gag clauses” in non-negotiable form contracts. Some businesses have attracted national scrutiny for using gag clauses to punish or silence honest criticism of products and services. The… Continue Reading