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Category Archives: Courts

Where Abortion Is Legal and Where It Loses Protections Without Roe v. Wade

WSJ: “The Supreme Court in June overturned Roe v. Wade, the landmark 1973 decision that established the constitutional right to an abortion. The majority opinion in Dobbs v. Jackson Women’s Health Organization upended nearly five decades of precedent and allowed stronger state restrictions to take effect—including total abortion bans. Lawmakers on both sides of the… Continue Reading

Epic strikes back at Apple’s iOS “security” defense in appeals court

Ars Technica: “It has been over a year now since a US District Court ruled that Apple did not violate antitrust law by forcing iOS developers (like plaintiff and Fortnite-maker Epic Games) to use its App Store and in-app payments systems. But that doesn’t mean the case is settled, as both sides demonstrated Monday during… Continue Reading

The Law of Freedom: The Supreme Court and Democracy (Introduction)

Eisler, Jacob and Eisler, Jacob, The Law of Freedom: The Supreme Court and Democracy (Introduction) (November 10, 2022). Forthcoming Cambridge University Press, 2023, Available at SSRN: https://ssrn.com/abstract=4215441 or http://dx.doi.org/10.2139/ssrn.4215441 “The influence of the federal judiciary over democratic process raises a fundamental difficulty. Democracy has unique moral legitimacy as a mode of governance because it directly… Continue Reading

Hate (or Bias) Crime Laws

Simons, Kenneth W., Hate (or Bias) Crime Laws (October 18, 2022). UC Irvine School of Law Research Paper No. 38, 2022, Palgrave Handbook on Applied Ethics and the Criminal Law, Larry Alexander, Kimberly Kessler Ferzan, editors, 2019., Available at SSRN: https://ssrn.com/abstract=4251871 “This chapter reaches the following conclusions about laws that enhance punishment for criminal conduct… Continue Reading

Digital Security and Reproductive Rights: Lessons for Feminist Cyberlaw

Meister, Michela and Levy, Karen, Digital Security and Reproductive Rights: Lessons for Feminist Cyberlaw (October 31, 2022). Feminist Cyberlaw (Meg Leta Jones and Amanda Levendowski, eds.), University of California Press, Forthcoming, Available at SSRN: https://ssrn.com/abstract=4262774 or http://dx.doi.org/10.2139/ssrn.4262774 – “Reproductive rights in the United States are under threat, and the threat is growing more serious by… Continue Reading

New Database Eases Release of Judges’ Finance Reports

United States Courts: “A new free public database of federal judges’ financial disclosure reports (FDRs), including periodic transaction reports (PTRs), was launched today by the Administrative Office of the U.S. Courts. Once users register in the new database, they can access an electronic version of federal judges’ reports. The new database design allows members of… Continue Reading

OCLC and Clarivate settle lawsuit

OCLC / 07 November 2022 – “OCLC is pleased to announce today that it successfully defended WorldCat to protect the collaborative service developed and maintained with and for libraries worldwide. An agreement has been reached in a lawsuit filed by OCLC in June 2022 against Clarivate and its subsidiaries in the United States District Court,… Continue Reading

Z-Library eBook site domains seized by U.S. Dept of Justice

Bleeping Computer: “Internet domains for the popular Z-Library online eBook repository were seized early morning [November 4, 2022] by the U.S. Department of Justice, preventing easy access to the service. Z-Library is ranked in the top 10k most visited websites on the Internet, offering over 11 million books and 84 million articles for free via… Continue Reading

Trump lawyers saw Clarence Thomas as key to stop Biden electoral count

Washington Post: “Lawyers for President Donald Trump saw Supreme Court Justice Clarence Thomas as key to overturning the results of the 2020 election, according to a set of emails provided to congressional investigators. Eight emails, ordered released by U.S. District Judge David O. Carter of California, include correspondence between Trump lawyers Kenneth Chesebro, John Eastman… Continue Reading

In cases challenging affirmative action, court will confront wide-ranging arguments on history, diversity, and the role of race in America

Howe on the Court: “In 2003, the Supreme Court ruled in Grutter v. Bollinger that universities may consider race in their admissions processes as part of their efforts to achieve diversity on campus. On Oct. 31, the justices will hear oral arguments in a pair of cases asking them to overturn Grutter and outlaw race-based… Continue Reading

How the Supreme Court Failed to Stop the Brutal Relocation of Indigenous American Nations

LitHub: Excerpted from Indivisible: Daniel Webster and the Birth of American Nationalism by Joel Richard Paul. Copyright © 2022. Available from Riverhead Books, an imprint of Penguin Publishing Group, a division of Penguin Random House, LLC. Joel Richard Paul on the Legal Challenges to Racist Presidential Policy That Led to The Trail of Tears “…Nothing… Continue Reading