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Category Archives: Courts

Justice, Interrupted: The Effect of Gender, Ideology and Seniority at Supreme Court Oral Arguments

Jacobi, Tonja and Schweers, Dylan, Justice, Interrupted: The Effect of Gender, Ideology and Seniority at Supreme Court Oral Arguments (March 14, 2017). Virginia Law Review, Forthcoming; Northwestern Law & Econ Research Paper No. 17-03. Available at SSRN: https://ssrn.com/abstract=2933016 “Oral arguments at the Supreme Court are important—they affect case outcomes and constitute the only opportunity for… Continue Reading

U.S. Climate Change Regulation and Litigation: Selected Legal Issues

CRS Report – U.S. Climate Change Regulation and Litigation: Selected Legal Issues, Linda Tsang, Legislative Attorney. April 3, 2017 [via FAS] : “On March 28, 2017, President Trump signed an executive order to encourage and promote energy development by modifying climate change policies. As the Trump Administration implements its environmental policies, various legal challenges to… Continue Reading

US Labor Dept targeting Google for systemic gender pay discrepancies

UK Guardian – “The U.S. Department of Labor’s investigation into Google’s pay practices is turning up some damning details. According to The Guardian, the department is accusing the tech giant of drastically underpaying its female employees, even beyond the typical gender pay gap in the tech sector. This data has come to light as part… Continue Reading

WaPo – How Gorsuch’s judicial experience compares with current justices

Follow up to several related postings on Judge Gorsuch – via the Washington Post: “By comparing how frequently a judge saw one of 23 legal topics on the appeals court with how frequently the same topics reached the Supreme Court in the last three years, The Washington Post created a relative exposure index that measures… Continue Reading

Twitter pushes back on revealing anti Trump account identity

Reuters: “Twitter Inc on Thursday filed a federal lawsuit to block an order by the U.S. government demanding that it reveal who is behind an account opposed to President Donald Trump’s tough immigration policies. Citing freedom of speech as a basis for not turning over records, Twitter filed the lawsuit in federal court in San… Continue Reading

Free Law Project to download all free opinions and orders from PACER

[March 27, 2017} “we are launching a new project to download all of the free opinions and orders that are available on PACER. Since we do not want to unduly impact PACER, we are doing this process slowly, giving it several weeks or months to complete, and slowing down if any PACER administrators get in… Continue Reading

Miranda for the next Fifty Years: Why the Fifth Amendment Should Go Fourth

Dripps, Donald A., Miranda for the next Fifty Years: Why the Fifth Amendment Should Go Fourth (2017). Boston University Law Review, Forthcoming; San Diego Legal Studies Paper No. 17-270. Available at SSRN: https://ssrn.com/abstract=2946340 “This Article addresses the enduring controversy over the Miranda rules by comparing the Miranda jurisprudence with the Fourth Amendment jurisprudence. The Fourth… Continue Reading

7th Circuit rules sexual orientation of employees protected

On April 4, 2017 the Seventh Circuit Court of Appeals ruled (en banc) that Title VII of the Civil Rights Act of 1964 covers employees based on their sexual orientation… this case may be a battle ground for a Supreme Court case on LGBT rights. “WOOD, Chief Judge. Title VII of the Civil Rights Act of 1964 makes… Continue Reading

The Criminal Law Reform Project

ACLU – “The Criminal Law Reform Project (CLRP) focuses its work on the “front end” of the criminal justice system—from policing to sentencing— seeking to end excessively harsh criminal justice policies that result in mass incarceration, over-criminalization, and racial injustice, and stand in the way of a fair and equal society. By fighting for nationwide reforms… Continue Reading

Statement on ‘Bringing Justice Closer to the People: Examining Ideas for Restructuring the Ninth Circuit’

Hellman, Arthur D., Statement on ‘Bringing Justice Closer to the People: Examining Ideas for Restructuring the Ninth Circuit’ (March 16, 2017). Hearing Before the House Committee on the Judiciary — Subcommittee on Courts, Intellectual Property, and the Internet, March 16, 2017; U. of Pittsburgh Legal Studies Research Paper No. 2017-03. Available at SSRN: https://ssrn.com/abstract=2938699 “Congress… Continue Reading

Paper – Cybersecurity, Identify Theft, and Standing Law

Chou, James C., Cybersecurity, Identify Theft, and Standing Law: A Framework for Data Breaches Using Substantial Risk in a Post-Clapper World (December 15, 2016). National Security Law Brief, Vol. 7, No. 1, 2016. Available at SSRN: https://ssrn.com/abstract=2938692 “Since Clapper v. Amnesty International USA, many courts have shut the door on victims alleging a heightened risk… Continue Reading

SCOTUS hears arguments on patent rights and refilling printer cartridges

Gizmodo – Supreme Court Printer Cartridge Case Could Be the Citizens United of Products “It’s an obscure case that hasn’t received a ton of attention as it has made its way to the Supreme Court but the final verdict could set off a cascade of consequences in the world of consumer products. This week, oral… Continue Reading