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“With the campaign and allies of President Donald J. Trump filing several dozen unsuccessful lawsuits related to the Nov. 3 election, a new ABA Legal Fact Check released today examines whether lawyers working on the president’s behalf could face sanctions for filing frivolous claims or professional misconduct. Lawyers are officers of the court and must …
FedScoop: “Building a new online system that will make federal court records free to the public will cost far less than a rumored $2 billion, according to former government technologists and IT experts. In a letter sent Tuesday to the Judicial Conference of the United States, representatives from the Free Law Project — a nonprofit …
NPR: “Federal Judge Esther Salas is on a crusade. In July her husband and their son were gunned down at the family’s home in New Jersey. Her husband survived. Her son did not. On Friday, she will attend the New Jersey governor’s signing of a new state law that makes it a crime to publish …
134 Harv. L. Rev. 1 Volume 134, November 10 2020 – The Supreme Court Term 2019 – The Degradation of American Democracy — And the Court – Foreword by Michael J. Klarman. “On June 25, 2013, the Supreme Court invalidated the geographic coverage formula of the 1965 Voting Rights Act, effectively abrogating the preclearance requirement …
Law.com – “A coalition of former Republican-nominated U.S. attorneys on Thursday spoke out against President Donald Trump’s unsubstantiated claims of voter fraud in the 2020 presidential election, saying the U.S.’s “very legitimacy as a nation of laws, not men, depends on getting this right.” The letter, signed by 19 ex-federal prosecutors, comes as Trump falsely …
Why there’s so much legal uncertainty about resolving a disputed presidential election – As stated in this article by Richard Pildes, Professor of Constitutional Law, New York University – the Constitution does not create rules or an institutional structure for resolving a modern, disputed presidential election. It provides a fail-safe mechanism for only one situation, …
ProPublica – “Regardless of who wins the presidency, courtroom battles seem almost certain. Here’s a layperson’s look at the states and laws that may determine the outcome. The run-up to Election Day this year has seen records for early voting (nearly 100 million people as of Monday) — and for the volume of election-related litigation. …
Cyberlaw Clinic: “We are excited to announce the release of A Researcher’s Guide to Some Legal Risks of Security Research (pdf), a report authored by Sunoo Park and Kendra Albert, and co-published by the Cyberlaw Clinic and the Electronic Frontier Foundation (EFF). Just last month, over 75 prominent security researchers signed a letter urging the …
How Likely Is It that Courts Will Select the US President? The Probability of Narrow, Reversible Election Results in the Electoral College versus a National Popular Vote, Michael Geruso, Dean Spears. October 2020. University of Texas at Austin. “Extremely narrow election outcomes—such as could be reversed by rejecting a few thousand ballots—are likely to trigger …
Bloomberg News via Seattle Times – “Postmaster General Louis DeJoy was ordered to immediately begin expanding mail delivery with extra trips and later deliveries after the U.S. Postal Service failed to improve performance less than a week before the election. U.S. District Judge Emmet Sullivan in Washington late Tuesday granted an emergency request to enforce …
Gluck, Abbe R – Reading the ACA’s Findings: Textualism, Severability and the ACA’s Return to the Court, 130 Yale L.J. F. 132 (2020). The Affordable Care Act (ACA) is back in the Court, but challengers’ “textualist” arguments are not textualist at all. They argue a findings section in the ACA is an “inseverability clause,” meaning …
CNet – Law enforcement is tapping the tech for low-level crimes like shoplifting, because there are no limits. But the tool often makes errors. “…The US has no federal regulations on facial recognition, leaving thousands of police departments to determine their own limits. Advocates say that’s a concern for civil liberties. While some members of …
