Category «Courts»

Implementing Juvenile Justice Reform: The Federal Role

“In the past decade, a number of state, local, and tribal jurisdictions have begun to take significant steps to overhaul their juvenile justice systems – for example, reducing the use of juvenile detention and out-of-home placement, bringing greater attention to racial and ethnic disparities, looking for ways to engage affected families in the process, and …

Subjects: Courts, Legal Research

Decline in Prosecutions for National Internal Security and Terrorism

Transactional Records Access Clearinghouse: “Criminal prosecutions in the area of national internal security and terrorism have declined steadily since fiscal year 2002. According to the latest available data from the Justice Department, there were 128 such prosecutions recorded in the first eight months of FY 2014. At this pace, 192 individuals will be prosecuted for …

Subjects: Courts, Defense, Legal Research

Judge Posner Solves Sherlock Holmes Copyright Case

Rita Yoon, McDermott Will & Emery: “The original character of the famous detective Sherlock Holmes, along with his sidekick, Dr. John H. Watson, are no longer subject to copyright protection.  In an opinion by Judge Richard A. Posner, the U.S. Court of Appeals for the Seventh Circuit held that copyright protection in these century-old literary characters …

Subjects: Courts, Legal Research

Same-Sex Marriage: A Legal Background After United States v. Windsor

CRS – Same-Sex Marriage: A Legal Background After United States v. Windsor. Alison M. Smith, Legislative Attorney. August 15, 2014. “The recognition of same-sex marriage generates debate on both the federal and state levels. Either legislatively or judicially, same-sex marriage is legal in more than a dozen states and the District of Columbia. Conversely, many states have statutory or constitutional …

Subjects: Courts, Legal Research

Security Experts: EPIC Correct About Body Scanners-Invasive and Ineffective

“The first independent analysis of backscatter x-ray body scanners corroborate the claims EPIC and others have made for several years: The scanners are invasive and ineffective. In a detailed report published in 2005, EPIC warned that the x-ray body scanners amounted to a virtual strip search and were an ineffective means of airport security. Freedom of Information Act documents later obtained …

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

Preliminary Draft of Proposed Amendments Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure

“On August 15, 2014, the public comment period opens for proposed amendments to: Appellate Rules 4, 5, 21, 25, 26, 27, 28.1, 29, 32, 35, and 40, and Forms 1, 5, 6, and New Form 7; Bankruptcy Rules 1010, 1011, 2002, 3002, 3002.1, 3007, 3012, 3015, 4003, 5009, 7001, 9006, and 9009, and New Rule …

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

New on LLRX – Case Law in an Era of Heightened Scrutiny

Via LLRX.com – Case Law in an Era of Heightened Scrutiny – Ken Strutin’s documents the scope of sources that encompass a critical issue that has recently repeatedly surfaced in mass media and the legal press – the fact that judicial decisions are believed to embody legal reasoning, societal values and support the foundations of our legal system. For …

Subjects: Civil Liberties, Courts, Government Documents, Knowledge Management, Legal Research, Libraries

NSA’s Internet Metadata Program Was Sharply Criticized By FISA Judges – EPIC

“Documents Obtained by EPIC Lawsuit Show NSA’s Internet Metadata Program Was Sharply Criticized By FISA Judges While Congressional Oversight Lagged for Year: In a FOIA lawsuit against the Department of Justice, EPIC has obtained many documents about the NSA’s Internet Metadata program. These include the Government’s original FISA application seeking authorization to collect data from millions of e-mails, as well …

Subjects: Civil Liberties, Congress, Courts, Government Documents, Internet, Legal Research, Patriot Act, Privacy

Deconstructing and Reconstructing Rights for Immigrant Children

Corcoran, Erin B., Deconstructing and Reconstructing Rights for Immigrant Children (August 8, 2014). Available at SSRN: http://ssrn.com/abstract=2477955 “Children rights advocates and scholars alike continue to call for the development of innovative and alternative rights models, which specifically provide for an expansive conceptualization of children’s rights. Central to their calls for reform is a simultaneous recognition that …

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

Failing Expectations: Fourth Amendment Doctrine in the Era of Total Surveillance

Sylvain, Olivier, Failing Expectations: Fourth Amendment Doctrine in the Era of Total Surveillance (July 28, 2014). 49 Wake Forest Law Review 485. Available for download at SSRN: http://ssrn.com/abstract=2473101 “Today’s reasonable expectation test and the third-party doctrine have little to nothing to offer by way of privacy protection if users today are at least conflicted about whether …

Subjects: Civil Liberties, Congress, Courts, Legal Research, Privacy