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Category Archives: Legal Research

The Scope and Potential of FTC Data Protection

Hartzog, Woodrow and Solove, Daniel J., The Scope and Potential of FTC Data Protection (July 1, 2014). 83 George Washington Law Review, 2015, Forthcoming; GWU Law School Public Law Research Paper No. 2014-40; GWU Legal Studies Research Paper No. 2014-40. Available for download at SSRN: http://ssrn.com/abstract=2461096 “For more than fifteen years, the Federal Trade Commission (FTC)Continue Reading

Bank Of America To Pay $16.65 Billion In Historic Justice Department Settlement

 “Attorney General Eric Holder and Associate Attorney General Tony West announced today that the Department of Justice has reached a $16.65 billion settlement with Bank of America Corporation – the largest civil settlement with a single entity in American history ¬— to resolve federal and state claims against Bank of America and its former andContinue Reading

Preliminary Draft of Proposed Amendments Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure

“On August 15, 2014, the public comment period opens for proposed amendments to: Appellate Rules 4, 5, 21, 25, 26, 27, 28.1, 29, 32, 35, and 40, and Forms 1, 5, 6, and New Form 7; Bankruptcy Rules 1010, 1011, 2002, 3002, 3002.1, 3007, 3012, 3015, 4003, 5009, 7001, 9006, and 9009, and New RuleContinue Reading

Criminal Justice Act: At 50 Years, a Landmark in the Right to Counsel

US Courts news release: “August 20, 1964—the President signed into law the Criminal Justice Act (CJA), which for the first time assured professional legal counsel in federal courts by paying an hourly fee for court appointed lawyers. Six years later, Congress established a full-time federal defender service within the judicial branch. Together, the measures created theContinue Reading

Delaware first state to legislate issue of digital assets of the deceased

FindLaw: “Delaware has moved into the digital rights vanguard by passing a law granting families the right to control a loved one’s digital assets after his or her death. According to Ars Technica, Delaware is the first U.S. state to accomplish this kind of legislation, although some states (like Idaho and Nevada) have more limited versions of digitalContinue Reading

RegData is an innovative new way of measuring the size and scope of US federal regulation

“RegData [beta], developed by Patrick A. McLaughlin, Omar Al-Ubaydli, and the Mercatus Center at George Mason University, improves dramatically on the existing methods used to quantify regulations. Previous efforts to assess the extent of regulation in the United States have used imprecise variables such as the number of pages published in the Federal Register orContinue Reading

CDD Files Complaint on U.S./EU Safe Harbor for Data Privacy at FTC

Filing Reveals Failure of U.S. Agreement to Protect European Privacy - “The key framework that is supposed to protect EU citizens’ privacy when their data is collected by U.S. companies—known as the U.S.-EU Safe Harbor—is failing to provide them the safeguards that were promised, according to a complaint filed today by a leading U.S. consumer privacyContinue Reading

A Broader View of the Cathedral: The Significance of the Liability Rule, Correcting a Misapprehension

Calabresi, Guido, A Broader View of the Cathedral: The Significance of the Liability Rule, Correcting a Misapprehension (August 15, 2014). Law and Contemporary Problems, Vol. 77, No. 2, 2014. Available for download at SSRN: http://ssrn.com/abstract=2481211 “Recent years have seen a resurgence of Torts viewed as a purely private legal arrangement: whether described in terms of compensatoryContinue Reading

The Next Generation of Trade and Environment Conflicts: The Rise of Green Industrial Policy

Wu, Mark and Salzman, James, The Next Generation of Trade and Environment Conflicts: The Rise of Green Industrial Policy (August 15, 2014). Northwestern University Law Review, Vol. 108, No. 2, 2014. Available for download at SSRN:  http://ssrn.com/abstract=2481209 “A major shift is transforming the trade and environment field, triggered by governments’ rising use of industrial policiesContinue Reading

New on LLRX – Case Law in an Era of Heightened Scrutiny

Via LLRX.com - Case Law in an Era of Heightened Scrutiny - Ken Strutin’s documents the scope of sources that encompass a critical issue that has recently repeatedly surfaced in mass media and the legal press – the fact that judicial decisions are believed to embody legal reasoning, societal values and support the foundations of our legal system. ForContinue Reading

ABA Draft Report on Stand Your Ground Laws

American Bar Association National Task Force on Stand Your Ground Laws, Preliminary Report and Recommendations, August 8, 2014. “This report represents the culmination of the Task Force’s analysis of a substantial compilation of information: testimony from experts and stakeholders received at five regional hearings, extensive legal research on each jurisdiction’s self-defense regime, quantitative assessments ofContinue Reading

Investigative Report into the lucrative world of debt collection

Jake Halpern, New York Times Magazine: Paper Boys: Inside the Dark, Labyrinthine, and Extremely Lucrative World of Consumer Debt Collection: ‘From 2006 to 2009, … the nation’s top nine debt buyers purchased almost 90 million consumer accounts with more than $140 billion in ‘face value.’ And they bought at a steep discount. On average, they paidContinue Reading