Category «Courts»

WaPo – How Gorsuch’s judicial experience compares with current justices

Follow up to several related postings on Judge Gorsuch – via the Washington Post: “By comparing how frequently a judge saw one of 23 legal topics on the appeals court with how frequently the same topics reached the Supreme Court in the last three years, The Washington Post created a relative exposure index that measures …

Subjects: Civil Liberties, Congress, Courts, Government Documents, Legal Research

Twitter pushes back on revealing anti Trump account identity

Reuters: “Twitter Inc on Thursday filed a federal lawsuit to block an order by the U.S. government demanding that it reveal who is behind an account opposed to President Donald Trump’s tough immigration policies. Citing freedom of speech as a basis for not turning over records, Twitter filed the lawsuit in federal court in San …

Subjects: Blogs, Courts, Free Speech, Legal Research, Social Media

Miranda for the next Fifty Years: Why the Fifth Amendment Should Go Fourth

Dripps, Donald A., Miranda for the next Fifty Years: Why the Fifth Amendment Should Go Fourth (2017). Boston University Law Review, Forthcoming; San Diego Legal Studies Paper No. 17-270. Available at SSRN: https://ssrn.com/abstract=2946340 “This Article addresses the enduring controversy over the Miranda rules by comparing the Miranda jurisprudence with the Fourth Amendment jurisprudence. The Fourth …

Subjects: Civil Liberties, Courts, Legal Research

7th Circuit rules sexual orientation of employees protected

On April 4, 2017 the Seventh Circuit Court of Appeals ruled (en banc) that Title VII of the Civil Rights Act of 1964 covers employees based on their sexual orientation… this case may be a battle ground for a Supreme Court case on LGBT rights. “WOOD, Chief Judge. Title VII of the Civil Rights Act of 1964 makes …

Subjects: Civil Liberties, Courts, Government Documents, Legal Research, Legislation

The Criminal Law Reform Project

ACLU – “The Criminal Law Reform Project (CLRP) focuses its work on the “front end” of the criminal justice system—from policing to sentencing— seeking to end excessively harsh criminal justice policies that result in mass incarceration, over-criminalization, and racial injustice, and stand in the way of a fair and equal society. By fighting for nationwide reforms …

Subjects: Civil Liberties, Congress, Courts, Government Documents, Legal Research

Statement on ‘Bringing Justice Closer to the People: Examining Ideas for Restructuring the Ninth Circuit’

Hellman, Arthur D., Statement on ‘Bringing Justice Closer to the People: Examining Ideas for Restructuring the Ninth Circuit’ (March 16, 2017). Hearing Before the House Committee on the Judiciary — Subcommittee on Courts, Intellectual Property, and the Internet, March 16, 2017; U. of Pittsburgh Legal Studies Research Paper No. 2017-03. Available at SSRN: https://ssrn.com/abstract=2938699 “Congress …

Subjects: Congress, Courts, Government Documents, Legal Research, Legislation

Paper – Cybersecurity, Identify Theft, and Standing Law

Chou, James C., Cybersecurity, Identify Theft, and Standing Law: A Framework for Data Breaches Using Substantial Risk in a Post-Clapper World (December 15, 2016). National Security Law Brief, Vol. 7, No. 1, 2016. Available at SSRN: https://ssrn.com/abstract=2938692 “Since Clapper v. Amnesty International USA, many courts have shut the door on victims alleging a heightened risk …

Subjects: Courts, Cybercrime, Cybersecurity, ID Theft, Internet, Legal Research, Privacy

SCOTUS hears arguments on patent rights and refilling printer cartridges

Gizmodo – Supreme Court Printer Cartridge Case Could Be the Citizens United of Products “It’s an obscure case that hasn’t received a ton of attention as it has made its way to the Supreme Court but the final verdict could set off a cascade of consequences in the world of consumer products. This week, oral …

Subjects: Courts, Government Documents, Intellectual Property, Legal Research, Marketing, Patent and Trademark

Bail Reform: New Directions for Pretrial Detention and Release

Stevenson, Megan and Mayson, Sandra G., Bail Reform: New Directions for Pretrial Detention and Release (March 13, 2017). In Academy for Justice, A Report on Scholarship and Criminal Justice Reform (Erik Luna ed., 2017, Forthcoming).; U of Penn Law School, Public Law Research Paper No. 17-18. Available at SSRN: https://ssrn.com/abstract=2939273 “Our current pretrial system imposes …

Subjects: Civil Liberties, Courts, Legal Research

Official Corruption Prosecutions Decline: February 2017

“The latest available data from the Justice Department show that during February 2017, the first complete month under the new Trump Administration, there were only 24 new official corruption prosecutions filed by federal prosecutors. During the last two fiscal years of the Obama Administration, federal prosecutors filed an average of 43 official corruption cases each …

Subjects: Courts, Economy, Financial System, Government Documents, Legal Research

Supreme Court Appointment Process: Consideration by the Senate Judiciary Committee

Supreme Court Appointment Process: Consideration by the Senate Judiciary Committee, Barry J. McMillion, Analyst in American National Government. March 17, 2017. “The appointment of a Supreme Court Justice is an event of major significance in American politics. Each appointment is of consequence because of the enormous judicial power the Supreme Court exercises as the highest …

Subjects: Congress, Courts, Government Documents, Legal Research