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Category Archives: Courts

Our Precarious Democracy Extreme Polarization and Alienation in Our Politics

“As Independence Day approaches, more than one in four Americans are so alienated from their government that they believe it may “soon be necessary to take up arms” against it, according to a new poll released Thursday by the University of Chicago’s Institute of Politics (IOP). That startling finding, which comes in the midst of congressional hearings into the January 6th insurrection at the U.S. Capitol, was just one of several reflections of the dangerous level of estrangement many Americans feel from each other and our democratic institutions. The survey of 1,000 registered voters, conducted last month by Republican pollster Neil Newhouse and Democratic pollster Joel Benenson with input from students at the IOP, was designed to probe polarization and its relationship to the news sources upon which Americans rely in a fractionated media environment. The portrait that it paints reveals not only the growing divides we have witnessed in recent years but strong sentiments that the majority of media outlets contribute to these divisions by intentionally misleading their audiences to promote a political point of view..

About three-quarters (73 percent) of voters who identify themselves as Republican agree that “Democrats are generally bullies who want to impose their political beliefs on those who disagree.” An almost identical percentage of Democrats (74 percent) express that view of Republicans. A similarly lopsided majority of each party holds that members of the other are “generally untruthful and are pushing disinformation…Fully half say they have friends or relatives “who have changed because of the media they consume.” And in today’s media environment, where Americans can choose from a plethora of sources for news and information, a majority of Americans (50 percent) believe that when they have political differences, it is less caused by “honest disagreement” than that those who disagree are “misinformed because of where they get their information.”…

The OCLC v Clarivate Dilemma

Coyle’s Information, June 27, 2022: “OCLC has filed suit against the company Clarivate which owns Proquest and ExLibris. The suit focuses on a metadata service proposed by Ex Libris called “MetaDoor.” MetaDoor isn’t a bibliographic database à la WorldCat, it is a peer-to-peer service that allows its users to find quality records in the catalog… Continue Reading

Lawmakers v. The Scientific Realities of Human Reproduction

New England Journal of Medicine: “The just-announced U.S. Supreme Court decision in Dobbs v. Jackson Women’s Health Organization represents a stunning reversal of precedent that inserts government into the personal lives and health care of Americans. Yet it was not unexpected. In the long, painful prelude to the decision, many states have severely limited access… Continue Reading

Understanding Criminal Justice Innovations

Ryan, Meghan J., Understanding Criminal Justice Innovations (June 14, 2022). Journal of Law & Innovation (Forthcoming 2022), Available at SSRN: https://ssrn.com/abstract=4136813 or http://dx.doi.org/10.2139/ssrn.4136813 “Burgeoning science and technology have provided the criminal justice system with the opportunity to address some of its shortcomings. And the criminal justice system has significant shortcomings. Among other issues, we have… Continue Reading

The case against the Supreme Court of the United States

Vox Commentary – “The Court was the midwife of Jim Crow, the right hand of union busters, the dead hand of the Confederacy, and now is one of the chief architects of America’s democratic decline. By Ian Millhiser: Alito’s decision in Dobbs v. Jackson Women’s Health Organization may literally be the worst-kept secret in the… Continue Reading

With Roe overturned, updated ABA Legal Fact Check explores doctrine of legal precedent

“With the decision today by the U.S. Supreme Court overturning the landmark abortion decision of Roe v. Wade, the posted ABA Legal Fact Check has been revised to reflect the developments to assist reporters and the public to better understand the legal principle of stare decisis, or legal precedent, and how it came to be.… Continue Reading

What the data says about abortion in the U.S.

“Pew Research Center has conducted many surveys about abortion over the years, providing a lens into Americans’ views on whether the procedure should be legal, among a host of other questions. In our most recent survey, 61% of U.S. adults say abortion should be legal all or most of the time, while 37% say it should… Continue Reading

Is abortion illegal in the U.S. now? Depends where you live

AP: “The U.S. Supreme Court on Friday overturned Roe v. Wade, the 1973 decision that had provided a constitutional right to abortion. The ruling is expected to lead to abortion bans in roughly half the states, although the timing of those laws taking effect varies. Some Republican-led states will ban or severely limit abortion immediately,… Continue Reading

Americans differ by party, age over ways to reduce the number of abortions in the U.S.

America’s Abortion Quandary – A majority of Americans say abortion should be legal in all or most cases, but many are open to restrictions; many opponents of legal abortion say it should be legal in some circumstances: “Americans’ long-standing debate over abortion has often centered on whether the procedure should be legal. But beneath the… Continue Reading

The Future of Corporate Criminal Liability: Watching the ESG Space

Nelson, J.S. (Josephine Sandler), The Future of Corporate Criminal Liability: Watching the ESG Space (January 15, 2022). J.S. Nelson, The Future of Corporate Criminal Liability: Watching the ESG Space, Available at SSRN: https://ssrn.com/abstract=4057736 or http://dx.doi.org/10.2139/ssrn.4057736 “The future of corporate criminal liability in the U.S. and around the world may be for failure to adequately act… Continue Reading

Westlaw Must Face Antitrust Claims in a Case That Could Boost Competitive Compatibility

EFF: “Westlaw, the world’s largest legal research service, is very likely to face antitrust liability. A federal court has ruled that ROSS Intelligence, a tiny rival offering new research tools (which Westlaw forced out of business with a copyright infringement suit) could proceed with claims that Westlaw uses exclusionary and anticompetitive practices to maintain its… Continue Reading