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Category Archives: Courts

SciHub continues to get attacked around the world

Motherboard – ‘The Pirate Bay of Science’ Continues to Get Attacked Around the World: “A scientific research depository intended to provide open access to scientific data has had its domains blocked in Russia, after a Russian court declared that the website violates publisher copyrights. It’s the latest salvo in a global war on efforts to bring valuable scientific data out from behind paywalls and into the light of day to better benefit the public at large.  Created back in 2011, Sci-Hub is largely the brain child of one woman: scientific researcher and hacker Alexandra Elbakyan. Occasionally dubbed “the Pirate Bay of science,” Elbakyan’s research repository is her solution to the rampant paywalls and copyright restrictions that keep valuable research out of the public domain. Operating as a sort of web scraper, Sci-Hub is effectively a script that downloads HTML and PDF pages from the Web—including data hidden by paywalls. Providing access to more than 48 million scholarly research articles obviously hasn’t pleased traditional publishers, who profit from keeping such tight access restrictions intact…”

Document: Special Counsel Files Flynn Sentencing Memo

Lawfare: “The special counsel’s office has filed its sentencing memo in the case of Michael Flynn. The memo is available here and below. A redacted addendum is available as well.” Via the Washington Post – “The most striking part of Bob Mueller’s sentencing memo recommending Michael Flynn serve no prison time, because of his “substantial”… Continue Reading

UK Investigation – Facebook allegedly offered advertisers special access to users’ data and activities

Washington Post: [see also Motherboard for coverage w/out payall]”A key British lawmaker alleged Wednesday that Facebook maintained “whitelisting agreements” that gave select companies preferential access to valuable user data several years ago, offering insight into how the company balanced concerns about user privacy with the business imperative of growing revenue. Damian Collins, chairman of a… Continue Reading

New study from NC confirms some long-held folk wisdom about race and juries

The New York Times – Prof. Ronald Wright – “A new study from North Carolina confirms some long-held folk wisdom about race and juries. The good news is there are two doable solutions. Race, as a matter of constitutional principle, cannot factor into the selection of jurors for criminal trials. But in the American justice… Continue Reading

Asylum Decisions and Denials Jump in 2018

“Fiscal year 2018 broke records for the number of decisions by immigration judges granting or denying asylum. Denials grew faster than grants, pushing denial rates up as well. In 65 percent of these decisions asylum was denied. This is the sixth year in a row that denial rates have risen. Six years ago the denial… Continue Reading

15 state attorneys general back Maryland in challenging Whitaker’s appointment

The Hill: “The attorneys general from 14 states and Washington, D.C., are urging a federal district court judge to block Matthew Whitaker from continuing to serve as Acting U.S. attorney general. The state attorneys general filed a friend of the court brief in support of Maryland Attorney General Brian Frosh’s request on Nov. 13 for… Continue Reading

Open access to case law – how do we get there?

InfoLaw – Open access to case law – how do we get there? – “Open access to case law in England and Wales is in a very poor state of health, both in terms of the amount of case law that is freely accessible to the public and in terms of the sustainability and development… Continue Reading

Legal Research Companies Post Laws Online, but Do They Own the Data?

Legal Tech News – Experts note that laws and regulations, for the most part, aren’t copyrightable and that the prohibition is geared toward continuing easy access of laws for citizens “As more private companies upload judicial opinions, state and federal regulations and other public court documents, attempting to copyright those documents may prove futile. After… Continue Reading

As Federal Courts Urge Caution On Docket Services, Vendors Respond

LawSites – Bob Ambrogi – “Companies that provide services for accessing federal court dockets were caught off guard last week when a number of federal courts began sending notices to attorneys urging them to exercise caution when using such services. Some vendors said that the caution did not apply to them, while others said they were… Continue Reading

A court ruled that judges can be Facebook friends with lawyers because those are not real friendships

Quartz: “Florida’s Supreme Court has ruled on something that most social media users already know: Facebook friendships are not real. Specifically, the court said in a Nov. 15 opinion that a Facebook friendship between a judge and an attorney does not mean the judge is too biased to preside over that attorney’s case. Ruling on an appeal… Continue Reading

Immigration Court Backlog Surpasses One Million Cases

Transactional Records Access Clearinghouse – “The Immigration Court backlog has jumped by 225,846 cases since the end of January 2017 when President Trump took office. This represents an overall growth rate of 49 percent since the beginning of FY 2017. Results compiled from the case-by-case records obtained by TRAC under the Freedom of Information Act… Continue Reading

Settled Law: Birthright Citizenship and the 14th Amendment

The Claremont Institute – Settled Law: Birthright Citizenship And The 14th Amendment by John Yoovia The American Mind. Friday, November 2, 2018 “…The 14th Amendment. According to the best reading of its text, structure, and history, anyone born on American territory, no matter their national origin, ethnicity or station in life, is an American citizen. While… Continue Reading