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Category Archives: Courts

4th Circuit Court of Appeals Upholds Freeze of Trump Travel Plan

Washington Post: “A federal appeals court on Thursday left in place the freeze on President Trump’s revised entry ban, handing the administration another legal setback in its efforts to block the issuance of new visas to citizens of six Muslim-majority countries. The broad, decisive ruling from the U.S. Court of Appeals for the 4th Circuit means the Trump administration still cannot enforce its travel order that the government says is urgently needed for national security. Attorney General Jeff Sessions vowed to appeal to the Supreme Court. In a 10-to-3 decision, the Richmond-based court said the president’s power to deny entry into the United States is not absolute and sided with challengers, finding that the travel ban “in context drips with religious intolerance, animus and discrimination.”

Marshall Project – New Tool That Could Revolutionize How We Measure Justice

Beth Schwartzapfel – The Marshall Project: “The enormity of the country’s criminal justice system — 15,000 state and local courts, 18,000 local law enforcement agencies, more than two million prisoners — looks even more daunting when you consider how little we know about what is actually going on in there. Want to know who we… Continue Reading

Paper – Defense Against the Dark Arts of Copyright Trolling

Sag, Matthew and Haskell, Jake, Defense Against the Dark Arts of Copyright Trolling (March 28, 2017). Iowa Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2933200 “In this Article, we offer both a legal and a pragmatic framework for defending against copyright trolls. Lawsuits alleging online copyright infringement by John Doe defendants have accounted for roughly half… Continue Reading

EFF – Supreme Court Ends Texas Grip On Patent Cases

Daniel Nazer – EFF: “Today the Supreme Court issued a decision that will have a massive impact on patent troll litigation. In TC Heartland v. Kraft Foods, the court ruled that patent owners can sue corporate defendants only in districts where the defendant is incorporated or has committed acts of infringement and has a regular… Continue Reading

Another commentary on Google Books

How Google Book Search Got Lost – Google Books was the company’s first moonshot. But 15 years later, the project is stuck in low-Earth orbit. Scott Rosenberg, April 11, 2017. “…Two things happened to Google Books on the way from moonshot vision to mundane reality. Soon after launch, it quickly fell from the idealistic ether into… Continue Reading

Court of Appeals opinion – Google is not a generic name

Elliott v. Google, United States Court of Appeals for the Ninth Circuit, No. 15-15809 D.C. No. 2:12-cv-01072-SMM – OPINION, May 16, 2017. “The panel affirmed the district court’s summary judgment in favor of Google, Inc., in an action under the Lanham Act, seeking cancellation of the GOOGLE trademark on the ground that it is generic.… Continue Reading

US Courts – Interactive Database Aids the Study of Judiciary Trends

“A recently enhanced database that houses information about civil and criminal federal cases dating to 1970 is now available to researchers and the public on the Federal Judicial Center’s website as part of a partnership with the Administrative Office of the U.S. Courts. The interactive database contains docket information from district, appellate, and bankruptcy court… Continue Reading

Despite Hiring, Immigration Court Backlog and Wait Times Climb

“During the past 18 months, a total of 79 new judges have been appointed to the Immigration Court. Despite this spurt in hiring, it has not made a dent in the court’s mountainous backlog. Instead, the backlog along with wait times have steadily increased. As of the end of April 2017, the number of cases… Continue Reading

Courting Disaster: Climate Change and the Adjudication of Catastrophe

Weaver, R. Henry and Kysar, Douglas A., Courting Disaster: Climate Change and the Adjudication of Catastrophe (May 8, 2017). Available at SSRN: https://ssrn.com/abstract=2965084 “Do we court disaster by stretching the bounds of judicial authority to address problems of massive scale and complexity? Or does disaster lie in refusing to engage the jurisgenerative potential of courts… Continue Reading

Cardozo School of Law Trains Students as Advocates For Shifting Legal Landscape

“In response to unprecedented legal uncertainty in the first weeks of the Trump administration, Cardozo School of Law is offering new classes to prepare future lawyers for a shifting legal and political landscape…Cardozo School of Law is offering students a 10-week course called The First 100 Days: The Trump Administration and the Rule of Law.… Continue Reading

Science – Artificial intelligence prevails at predicting Supreme Court decisions

Matt Hudson – Science – May 2, 2017: “…A new study shows that computers can do a better job than legal scholars at predicting Supreme Court decisions, even with less information. Several other studies have guessed at justices’ behavior with algorithms. A 2011 project, for example, used the votes of any eight justices from 1953 to… Continue Reading

Legal Issues: Suing for Life’s Frustrations: Supreme Court Says Maybe

Pike, George H., Legal Issues: Suing for Life’s Frustrations: Supreme Court Says Maybe (July 1, 2016). Information Today, Volume 33, Issue 6, July/August 2016. Available at SSRN: https://ssrn.com/abstract=2963336 “Life can get frustrating sometimes. Losing a glove on a cold winter day, or opting not to bring an umbrella because the forecast said it would be… Continue Reading