Category «Courts»

CRS – Health Care: Constitutional Rights and Legislative Powers

Health Care: Constitutional Rights and Legislative Powers. Kathleen S. Swendiman, Legislative Attorney, July 9, 2012 “The health care reform debate raises many complex issues including those of coverage, accessibility, cost, accountability, and quality of health care. Underlying these policy considerations are issues regarding the status of health care as a constitutional or legal right. This …

Subjects: Courts, Legal Research, Legislation

Cornel LII – Supreme Court 2011-2012 Term Highlights

Supreme Court 2011-2012 Term Highlights, Prepared by Lilian M. Loh. Edited by Charlotte Schneider. Introduction Federal Preemption State Immigration Enforcement Health Care: Patient Protection and Affordable Care Act First Amendment: Freedom of Expression Fourth Amendment: Search and Seizure Fifth Amendment: Due Process Sixth Amendment: Assistance of Counsel Eighth Amendment: Cruel and Unusual Punishment Antiterrorism and …

Subjects: Courts, Legal Research

N.J. Supreme Court – Records related to cases at public law school clinics are not subject to Open Public Records Act

Chronicle of Higher Education, Peter Schmidt: “The New Jersey State Supreme Court has held that the state’s open-records law does not require a Rutgers University legal clinic to relinquish client files, handing a major victory to higher-education associations, which warned that an inability to maintain attorney-client privilege would badly damage the nation’s public law schools. …

Subjects: Courts, Legal Research

ACA: A Brief Overview of the Law, Implementation, and Legal Challenges

CRS – ACA: A Brief Overview of the Law, Implementation, and Legal Challenges, July 3, 2012 “On June 28, 2012, the Supreme Court issued its decision in National Federation of Independent Business v. Sebelius, finding that the individual mandate is a constitutional exercise of Congress’s authority to levy taxes. However, the Court held that it …

Subjects: Congress, Courts, Legal Research, Legislation

EPIC – 2011 Report: Wiretap Authorizations Decrease

“According to the 2011 Wiretap Report, released by the Administrative Office of the US Courts, federal and state applications for wiretap orders dropped 14 percent in 2011, compared to the number reported in 2010. The reduction in wiretaps resulted primarily from a drop in applications for intercepts in narcotics offenses. In 2011, a total of …

Subjects: Civil Liberties, Courts, Legal Research, Privacy

Managing Discovery of Electronic Information: A Pocket Guide for Judges

Managing Discovery of Electronic Information: A Pocket Guide for Judges, Second Edition. Barbara J. Rothstein, Ronald J. Hedges, and Elizabeth C. Wiggins. Federal Judicial Center, 2012 “ESI currently includes e-mail messages, word processing files, web pages, and databases created and stored on computers, magnetic disks (such as computer hard drives), optical disks (such as DVDs …

Subjects: Courts, E-Mail, E-Records, Legal Research

A Visual Guide to NFIB v. Sebelius

Follow up to The Health Care Law – Government Resources, Commentary and Analysis, see A Visual Guide to NFIB v. Sebelius: Competing Commerce Clause Opinion Lines 1789-2012, Colin P. Starger, University of Baltimore School of Law, June 30, 2012 – Download via SSRN. Though Chief Justice Roberts ultimately provided the fifth vote upholding the Affordable …

Subjects: Courts, Legal Research

Law review article – Confronting Supreme Court Fact Finding

Larsen, Alli Orr, Confronting Supreme Court Fact Finding (February 23, 2012). Virginia Law Review, Forthcoming; William & Mary Law School Research Paper No. 09-206. “Supreme Court justices routinely answer factual questions about the world – such as whether violent video games have a harmful effect on child brain development or whether a partial birth abortion …

Subjects: Courts, Legal Research, Libraries

Report – Applications Made to FISA Court During Calendar Year 2011

U.S. Department of Justice, Office of Legislative Affairs, Applications Made to the Foreign Intelligence Surveillance Court During Calendar Year 2011, submitted pursuant to sections 107 and 502 of the Foreign Intelligence Surveillance Act of 1978, as amended, 50 U.S.C. Sec. 1801 et seq., and section 118 of USA PATRIOT Improvement Act and Reauthorization Act of …

Subjects: Civil Liberties, Courts, Legal Research, Privacy