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Category Archives: Legal Research

IG FDIC – Enforcement Actions and Professional Liability Claims Against Institution-Affiliated Parties and Individuals Associated with Failed Institutions

Federal Deposit Insurance Corporation, Board of Governors of the Federal Reserve System, and Consumer Financial Protection Bureau, Department of the Treasury – Enforcement Actions and Professional Liability Claims Against Institution-Affiliated Parties and Individuals Associated with Failed Institutions. Report Numbers, EVAL 14-002, 2014-SR-B-011, OIG-CA-14-012. July 2014 “As discussed in our report, the Regulators have established formal processes for investigating and imposing EAs on IAPsContinue Reading

Department of Homeland Security Privacy Office 2014 Annual Report to Congress

“The Department of Homeland Security (DHS or Department) Privacy Office is the first statutorily created privacy office in any federal agency, as set forth in Section 222 of the  Homeland Security Act of 2002, as amended. The mission of the Privacy Office is to protect all individuals by embedding and enforcing privacy protections and transparency inContinue Reading

A Public Accountability Defense for National Security Leakers and Whistleblowers

A Public Accountability Defense for National Security Leakers and Whistleblowers, Yochai Benkler. The Harvard Law & Policy Review, Vol 8 No 2. July 2014. “In June 2013 Glenn Greenwald, Laura Poitras, and Barton Gellman began to publish stories in  The Guardian and The Washington Post based on arguably the most significant national security leak in American history. By leakingContinue Reading

Confronting Cognitive ‘Anchoring Effect’ and ‘Blind Spot’ Biases in Federal Sentencing

Bennett, Mark W., Confronting Cognitive ‘Anchoring Effect’ and ‘Blind Spot’ Biases in Federal Sentencing: A Modest Solution for Reforming a Fundamental Flaw (July 5, 2014). Journal of Criminal Law and Criminology, Vol. 104, No. 3, p. 489, 2014. Available for download at SSRN: http://ssrn.com/abstract=2503423 “Cognitive “anchoring effect” bias, especially related to numbers, like sentencing guidelines ranges,Continue Reading

Legislative Research for Congressional Staff: How to Find Documents and Other Resources

CRS – Legislative Research for Congressional Staff: How to Find Documents and Other Resources. Ada S. Cornell, Information Research Specialist. Michael Greene, Information Research Specialist; Laura A. Hanson, Information Research Specialist. September 25, 2014. “During the legislative process, many documents are prepared by Congress and its committees. Governmental and non-governmental entities track and record congressional activities, and many more entities chronicle and analyzeContinue Reading

A Review of Security Requirements for Local Number Portability Administration

A Review of Security Requirements for Local Number Portability Administration, The Chertoff Group, September 29, 2014: “For years, Americans have had the legal right to keep their wireless and wireline telephone numbers when switching carriers, and they frequently exercise this right. Carriers must constantly keep track of this switching of carriers in order to route telephone callsContinue Reading

Commentary – Should the Private Sector Drive PACER?

David Perla, Law Technology News – “An uproar recently erupted in the legal community that raises the question of where the market should expect to rely on the government—and where it should look to private industry. The catalyst for the recent debate was when decades’ worth of public records from five federal courts—the U.S. Court of AppealsContinue Reading

Law Firm Copying and Fair Use: An Examination of Different Purpose and Fair Use Markets

Jones, D. R., Law Firm Copying and Fair Use: An Examination of Different Purpose and Fair Use Markets (September 29, 2014). South Texas Law Review, Vol. 56, No. 2, 2014 – Forthcoming; University of Memphis Legal Studies Research Paper No. 144. Available for download at SSRN: http://ssrn.com/abstract=2503089 “In several recent lawsuits, publishers sued law firms forContinue Reading

Safeguarding State Interests in Health Insurance Exchange Establishment

Monahan, Christine H, Safeguarding State Interests in Health Insurance Exchange Establishment (July 31, 2014). Connecticut Insurance Law Journal, Forthcoming. Available for download at SSRN: http://ssrn.com/abstract=2500325 “This Article documents that, contrary to popular narratives, states were given and took advantage of numerous opportunities to weigh in on health insurance exchange implementation under the Affordable Care Act. ThisContinue Reading

Appeals Court Limits Military Surveillance of Civilian Internet Use

“The U.S. Court of Appeals for the Ninth Circuit ruled in United States v. Dreyer that an agent for the Naval Criminal Investigative Service violated Defense Department regulations and the Posse Comitatus Act when he conducted a surveillance operation in Washington state to identify civilians who might be sharing illegal files. The 1878 Act prevents the U.S.Continue Reading

Congress.gov: Removing the Beta Label and New Enhancements

Via Emily Carr – Andrew Weber‘s news: The Library of Congress launched Congress.gov in beta two years ago.  Today, I’m happy to announce we officially removed the beta label. That’s roughly three years quicker than Gmail took to remove its beta label, but we won’t give you the option of putting it back on Congress.gov.  URLs thatContinue Reading

An Information Theory of Copyright Law

Fromer, Jeanne C., An Information Theory of Copyright Law (September 23, 2014). Emory Law Journal, Vol. 64, p. 71, 2014. Available for download at SSRN: http://ssrn.com/abstract=2500614 “The dominant American theory of copyright law is utilitarian, in offering the incentive of limited copyright protection to creators to generate material that is valuable to society. Less settled isContinue Reading