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Category Archives: Courts

An Attacker Killed A Judge’s Son. Now She Wants To Protect Other Families

NPR: “Federal Judge Esther Salas is on a crusade. In July her husband and their son were gunned down at the family’s home in New Jersey. Her husband survived. Her son did not. On Friday, she will attend the New Jersey governor’s signing of a new state law that makes it a crime to publish online or elsewhere personal addresses and telephone information about state judges or their families. Salas will be there even though the law protects only state judges, not federal judges, because the law is named after her son, Daniel…”

The Degradation of American Democracy And the Court

134 Harv. L. Rev. 1 Volume 134, November 10 2020 –  The Supreme Court Term 2019 – The Degradation of American Democracy — And the Court – Foreword by Michael J. Klarman. “On June 25, 2013, the Supreme Court invalidated the geographic coverage formula of the 1965 Voting Rights Act, effectively abrogating the preclearance requirement… Continue Reading

Letter – GOP-Tapped Ex-US Attorneys Denounce Trump’s ‘Irresponsible’ Election Claims

Law.com – “A coalition of former Republican-nominated U.S. attorneys on Thursday spoke out against President Donald Trump’s unsubstantiated claims of voter fraud in the 2020 presidential election, saying the U.S.’s “very legitimacy as a nation of laws, not men, depends on getting this right.” The letter, signed by 19 ex-federal prosecutors, comes as Trump falsely… Continue Reading

New on LLRX for October 2020

Why there’s so much legal uncertainty about resolving a disputed presidential election – As stated in this article by Richard Pildes, Professor of Constitutional Law, New York University – the Constitution does not create rules or an institutional structure for resolving a modern, disputed presidential election. It provides a fail-safe mechanism for only one situation,… Continue Reading

ProPublica’s Guide to 2020 Election Laws and Lawsuits

ProPublica – “Regardless of who wins the presidency, courtroom battles seem almost certain. Here’s a layperson’s look at the states and laws that may determine the outcome. The run-up to Election Day this year has seen records for early voting (nearly 100 million people as of Monday) — and for the volume of election-related litigation.… Continue Reading

Cyberlaw Clinic and EFF publish Guide to Legal Risks of Security Research

Cyberlaw Clinic: “We are excited to announce the release of A Researcher’s Guide to Some Legal Risks of Security Research (pdf), a report authored by Sunoo Park and Kendra Albert, and co-published by the Cyberlaw Clinic and the Electronic Frontier Foundation (EFF). Just last month, over 75 prominent security researchers signed a letter urging the… Continue Reading

How Likely Is It that Courts Will Select the US President?

How Likely Is It that Courts Will Select the US President? The Probability of Narrow, Reversible Election Results in the Electoral College versus a National Popular Vote, Michael Geruso, Dean Spears. October 2020. University of Texas at Austin. “Extremely narrow election outcomes—such as could be reversed by rejecting a few thousand ballots—are likely to trigger… Continue Reading

Postal Service ordered to increase late trips for election mail

Bloomberg News via Seattle Times – “Postmaster General Louis DeJoy was ordered to immediately begin expanding mail delivery with extra trips and later deliveries after the U.S. Postal Service failed to improve performance less than a week before the election. U.S. District Judge Emmet Sullivan in Washington late Tuesday granted an emergency request to enforce… Continue Reading

Reading the ACA’s Findings: Textualism, Severability and the ACA’s Return to the Court

Gluck, Abbe R – Reading the ACA’s Findings: Textualism, Severability and the ACA’s Return to the Court, 130 Yale L.J. F. 132 (2020). The Affordable Care Act (ACA) is back in the Court, but challengers’ “textualist” arguments are not textualist at all. They argue a findings section in the ACA is an “inseverability clause,” meaning… Continue Reading

Police are using facial recognition for minor crimes because they can

CNet – Law enforcement is tapping the tech for low-level crimes like shoplifting, because there are no limits. But the tool often makes errors. “…The US has no federal regulations on facial recognition, leaving thousands of police departments to determine their own limits. Advocates say that’s a concern for civil liberties. While some members of… Continue Reading

Where to Find Public Records Online

Life Hacker – “You can use the internet to find almost anything: a good restaurant, a recording of a half-remembered old commercial, recommendations for a good book, a podcast about basically anything, and yes, even public records. While our most private information (usually) can’t be found online, you can track down items like birth certificates,… Continue Reading

Copyright in Code: Supreme Court Hears Landmark Software Case in Google v. Oracle

CRS Legal Sidebar via LC – Copyright in Code: Supreme Court Hears Landmark Software Case in Google v. Oracle, October 21, 2020: “In what observers have hailed as the “copyright case of the century,” an eight-member Supreme Court heard arguments on October 7, 2020 ,in Google LLC v. Oracle America Inc., a long-running intellectual-property dispute… Continue Reading