Category «Courts»

Working Without a Net: Supreme Court Decision Making as Performance

Gedicks, Frederick Mark, Working Without a Net: Supreme Court Decision Making as Performance (February 17, 2017). BYU Law Research Paper No. 17-09. Available at SSRN: https://ssrn.com/abstract=2919682 “A Depression-era Justice once suggested that in constitutional challenges the Supreme Court simply compares government action to the Constitution and decides “whether the latter squares with the former.” Chief …

Subjects: Courts, Government Documents, Knowledge Management, Legal Research

Paper – Peer Effects on the United States Supreme Court

Holden, Richard and Keane, Michael and Lilley, Matthew, Peer Effects on the United States Supreme Court (February 3, 2017).  Available at SSRN: https://ssrn.com/abstract=2916394 “Using data on essentially every US Supreme Court decision since 1946, we estimate a model of peer effects on the Court. We consider both the impact of justice ideology and justice votes …

Subjects: Courts, Knowledge Management, Legal Research

The Essential Neil Gorsuch Reader: What Judge Gorsuch Cases Should You Read?

Via FAS – The Essential Neil Gorsuch Reader: What Judge Gorsuch Cases Should You Read?, CRS Legal Sidebar, February 13, 2017. “Judge Gorsuch has a voluminous judicial record, having served on the U.S. Court of Appeals for the Tenth Circuit for more than a decade. According to Judge Gorsuch’s recent submissions to the Senate Judiciary …

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

Yale, Harvard Law School Deans rise up against attacks on judiciary

Law.com: “The deans of Yale Law School and Harvard Law School have joined the growing chorus of lawyers publicly condemning President Donald Trump’s attacks on the judiciary. In a blistering op-ed in The Boston Globe on Friday, Harvard’s Martha Minow and Yale’s Robert Post wrote that Trump’s Twitter-delivered insults against the federal judges who stayed …

Subjects: Censorship, Civil Liberties, Courts, Education, Legal Research

AP – Judge grants injunction against Trump travel ban in Virginia

Follow up to previous related postings – news via AP –  “[On February 14, 2017] A federal judge Monday granted a preliminary injunction barring the Trump administration from implementing its travel ban in Virginia, adding another judicial ruling to those already in place challenging the ban’s constitutionality. The ruling is significant from a legal standpoint …

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

Publishers Still Fighting to Bury Universities, Libraries in Fees for Making Fair Use of Academic Excerpts

EFF – “On behalf of three national library associations, EFF today urged a federal appeals court for the second time to protect librarians’ and students’ rights to make fair use of excerpts from academic books and research. Nearly a decade ago, three of the largest academic publishers in the world— backed by the Association of …

Subjects: Copyright, Courts, Intellectual Property, Legal Research, Libraries

Microsoft Corporation v. DOJ on sneak-and-peek searches

Via Bloomberg – “Microsoft Corp. persuaded a judge not to let the U.S. government out of a lawsuit alleging the company’s free-speech rights are violated by a law that blocks it from alerting users to the clandestine interception of their e-mails. The judge said Microsoft has at least made a plausible argument that federal law …

Subjects: Civil Liberties, Courts, E-Mail, E-Records, Free Speech, Legal Research, Privacy

During World War II U.S. Saw Italian-Americans as a Threat to Homeland Security

David A. Taylor – smithsonian.com – February 2, 2017: “The executive order that forced Japanese-Americans from their homes also put immigrants from Italy under the watchful eye of the government…The incarceration of Japanese-Americans is the best-known effect of Executive Order 9066, the rule signed by President Franklin Roosevelt on February 19, 1942. And for good …

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

9th Circuit refuses to reinstate travel ban

Follow up to previous postings and related primary, secondary sources and commentary on travel ban issues by Executive Order – Responses to immigrant ban include legal stay and legislation – see the following updates: New York Times – Court Refuses to Reinstate Travel Ban, Dealing Trump Another Legal Loss: “The decision is the most stinging …

Subjects: Civil Liberties, Courts, Government Documents, Legal Research, Social Media

CRS – Supreme Court Appointment Process: President’s Selection of a Nominee

CRS Report via FAS – Supreme Court Appointment Process: President’s Selection of a Nominee, Barry J. McMillion, Analyst on the Federal Judiciary. February 6, 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 …

Subjects: Congress, Courts, Government Documents, Legal Research

Tech Companies File Legal Brief Against Trump’s Immigration Order

Bloomberg – “More than 120 companies, from Apple to Zynga, filed an impassioned legal brief condemning President Donald Trump’s executive order on immigration, stepping up the industry’s growing opposition to the policy. The amicus brief was filed late Sunday in the U.S. Court of Appeals in San Francisco and emphasizes the importance of immigrants in …

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