Accurate, Focused Research on Law, Technology and Knowledge Discovery With Daily Postings Since 2002
Opinion of the Office of Legal Counsel January 20, 2017 – “Section 105(a) of title 3, U.S. Code, which authorizes the President to appoint employees in the White House Office “without regard to any other provision of law regulating the employment or compensation of persons in the Government service,” exempts positions in the White House …
“EPIC today filed a Freedom of Information Act lawsuit against the Federal Bureau of Investigation in federal district court in Washington, DC. The case is designated EPIC v. FBI, No. 17-127 (D.D.C. filed Jan. 18, 2017). The complaint states “EPIC challenges the FBI’s failure to make a timely decision concerning EPIC’s request for expedited processing …
Clarke, Jessica A., Protected Class Gatekeeping (January 12, 2017). New York University Law Review, Vol. 92, No. 1, 2017. Available for download at SSRN: https://ssrn.com/abstract=2898532 “Courts routinely begin their analyses of discrimination claims with the question of whether the plaintiff has proven he or she is a “member of the protected class.” Although this refrain …
“The number of judges is still insufficient to handle the growing backlog in the Immigration Court. The court’s crushing workload reached a record-breaking 533,909 pending cases as the court closed out calendar year 2016, up 4.2 percent in just the last four months. The problem is particularly acute for priority cases involving women with children …
Death Penalty Information Center – The Death Penalty in 2016: Year End Report – Another Record Decline In Death Penalty Use. Another Record Decline in Death Penalty Use. Death Sentences, Executions and Public Support for Death Penalty at Historic Lows. Courts Bar Unconstitutional Practices in 45 States.
Washington Post, January 3, 2017: “A group of more than 1,100 law school professors [representing 170 law schools in 48 states] from across the country [sent] a letter to Congress on Tuesday urging the Senate to reject the nomination of Sen. Jeff Sessions (R-Ala.) for attorney general. The letter, signed by professors from 170 law …
Bonica, Adam and Chilton, Adam S. and Goldin, Jacob and Rozema, Kyle and Sen, Maya, Do Law Clerks Influence Voting on the Supreme Court? (December 16, 2016). Available for download at SSRN: https://ssrn.com/abstract=2815545 “We study the influence of law clerk ideology on Supreme Court voting. To do so, we exploit the timing of hiring to …
Via FAS – An Introduction to Judicial Review of Federal Agency Action, Jared P. Cole, Legislative Attorney. December 7, 2016. “The U.S. Constitution vests the judicial power in the Supreme Court and any inferior courts established by Congress, limiting the power of federal courts to the context of “cases” or “controversies.” Pursuant to constitutional and …
Jochnowitz, Leona Deborah and Ford, Julia A., Book Review – Caught: The Prison State and the Lockdown of American Politics (December 27, 2016). Available for download at SSRN: https://ssrn.com/abstract=2890524 “The 71st and 72nd 2015 and 2016 annual meetings of the American Society of Criminology (ASC) in Washington, D.C. and New Orleans focused on themes of …
Via LLRX.com – Prison Affected People: Punished to the Margins of Life “Ken Strutin’s expansive scholarship, acumen, commitment to and comprehensive knowledge of criminal law and justice is fully articulated and shared in his new guide. He robustly argues and supports his reasoning that retribution is at odds with medical reality for conviction alone and …
“Chief Justice John G. Roberts Jr. has issued his 2016 Year-End Report on the Federal Judiciary (pdf), highlighting the work performed by U.S. District judges. The report is the twelfth since Roberts was appointed chief justice in 2005.” “Most district judges agree that sentencing is their most difficult duty. The judge must confront the offender, …
Erasing the News: Should some stories be forgotten? By Terry Carter – this is an extensive and well researched article. I have snipped a small portion to invite you to read it in its entirety online. Note – This article originally appeared in the January 2017 issue of the ABA Journal with this headline: “Erasing …
