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Via LLRX – You don’t have to be a spy to violate the Espionage Act – and other crucial facts about the law Trump may have broken – Joseph Ferguson, Co-Director, National Security and Civil Rights Program, Loyola University Chicago and Thomas A. Durkin, Distinguished Practitioner in Residence, Loyola University Chicago are both attorneys who …
Politico: “When Stephen Breyer stepped down from the Supreme Court in June, he was obliged to pack up 28 years worth of memos, draft opinions, correspondence, notes and other real-time documentation of his tenure. But he was under no obligation whatsoever when it came to the question of what to do with the papers after …
Martínez, Eric and Tobia, Kevin, What Do Law Professors Believe about Law and the Legal Academy? An Empirical Inquiry (August 5, 2022). Available at SSRN: https://ssrn.com/abstract=4182521 or http://dx.doi.org/10.2139/ssrn.4182521 “Legal theorists seek to persuade other jurists of certain theories: Textualism or purposivism; formalism or realism; natural law theory or positivism; prison reform or abolition; universal or …
LawSites: “One way to avoid the cost of downloading documents from the federal courts’ PACER database is by getting them instead from the RECAP Archive, a database of millions of PACER documents and dockets maintained by the Free Law Project. But before you can get a document out of RECAP, the document had to have …
CRS Legal Sidebar – Constitutional Limits on States’ Power over Foreign Affairs, August 15, 2022 – “The Constitution gives the federal government the primary power to manage the United States’ foreign relations. Article I, Section 10 prohibits states from engaging in a set of activities that implicate international affairs, while the Supremacy Clause, Foreign Commerce …
CRS Legal Sidebar – Climate Liability Suits: Is There a Path to Federal Court? August 12, 2022: “Many of the most prominent court cases related to climate change in recent years have been decided by federal courts, including the Supreme Court, based on federal law. A growing number of cases,however, allege state-law claims against fossil …
Epstein, Lee and Gulati, Mitu, A Century of Business in the Supreme Court, 1920-2020 (August 3, 2022). Available at SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4178504&stream=top “A decade and a half into its life, we ask: How pro business is the Roberts Court? Using a simple objective measure – how often does business win in the Court when it is …
Vox: “A month after the Supreme Court’s decision overruling Roe v. Wade, it’s unclear whether many patients with dangerous pregnancies can receive medically necessary abortions. Some women have traveled to other states for lifesaving care because doctors in their home state feared prosecution. Others were left to bleed by their health care providers who feared …
Rothschild Elyassi, Gil, The Datafication of Law: How Technology Encodes Carceral Power and Affects Judicial Practice in the United States (April 10, 2022). Law and Social Inquiry, Vol. 47, No. 1, 2022, Available at SSRN: https://ssrn.com/abstract=4080216 “This inquiry explores how data analyses about US Federal sentences have transformed sentencing practice beginning in the mid-1980s. I …
Ryan, Meghan J., Understanding Criminal Justice Innovations (June 14, 2022). Journal of Law & Innovation (2022 Forthcoming), SMU Dedman School of Law Legal Studies Research Paper No. 562, Available at SSRN: https://ssrn.com/abstract=4136813 or http://dx.doi.org/10.2139/ssrn.4136813 “Burgeoning science and technology have provided the criminal justice system with the opportunity to address some of its shortcomings. And the …
Via LLRX – Policing Reimagined – The thesis of Albert Chang’s paper is the metaverse presents a unique opportunity for effective police reforms. Developers, data scientists and legal sector experts working within the metaverse may be able to implement changes more efficiently than Congress as they are not subject to constitutional constraints. Chang advocates a position …
Gizmodo identified 32 brokers selling data on 2.9 billion profiles of U.S. residents pegged as “actively pregnant” or “shopping for maternity products.” “A Gizmodo investigation into some of the nation’s biggest data brokers found more than two dozen promoting access to datasets containing digital information on millions of pregnant and potentially pregnant people across the …
