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Daily Archives: June 13, 2018

Casetext Survey Finds ‘Shocking’ Level of Missing Relevant Cases in US Courts

Artificial Lawyer: “New research conducted by legal AI-led litigation research system Casetext, has shown that 83% of US judges and their clerks find that lawyers’ briefs are missing relevant cases that could impact the trial ‘at least some of the time’. The survey, of over 100 US Federal and state judges, revealed what the company says are ‘some pretty shocking statistics’. Judges were asked how often they uncover case law that is not cited in the attorney’s brief, on a scale of “never happens” to “almost every case.” The findings revealed that:

  • 100% of the judges surveyed, i.e. all of them, said that attorneys missing relevant cases is a problem.
  • 83% of the judges said that they or their clerks catch missing relevant cases at least some of the time.
  • Over a quarter of judges (27%) said that they or their clerks catch precedents that attorneys have missed “most of the time” or “almost always.”
  • While only a small minority (16%) said that they rarely, but still sometimes, catch missing cases that litigators should have cited in their submissions…”

Nothing New Under the Sun: The Law-Politics Dynamic in Supreme Court Decision Making

Feldman, Stephen Matthew, Nothing New Under the Sun: The Law-Politics Dynamic in Supreme Court Decision Making (May 18, 2018). Pepperdine Law Review, Vol. 44, No. p 43, 2017. Available at SSRN: https://ssrn.com/abstract=3180736 “Recent events have seemed to inject politics into American judicial institutions. As a result, many observers worry that the Supreme Court, in particular,… Continue Reading

Mozilla Asked People How They Feel About Facebook. Here’s What They Said

Medium: “47,000 people responded to our survey asking how they feel about Facebook. The data is interesting and open for your exploration. Facebook has been in the news a lot lately. It started with the announcement that over 87 million Facebook users had their personal information shared with the private firm Cambridge Analytica without their… Continue Reading

Coming in from the Cold: A Safe Harbor from the CFAA and DMCA §1201

“The Assembly program is pleased to announce a new publication, titled Coming in from the Cold: A Safe Harbor from the CFAA and DMCA §1201, written by Harvard Law School student Daniel Etcovitch and 2017 Assembly cohort member Thyla van der Merwe. The paper proposes a statutory safe harbor from the Computer Fraud and Abuse Act… Continue Reading

Bringing Harassment Out of the History Books

American Libraries – Bringing Harassment Out of the History Books”>Bringing Harassment Out of the History Books “As stories of sexual misconduct continue to dominate the news, some alleged perpetrators bear household names (Kevin Spacey, Garrison Keillor, Harvey Weinstein, James Franco), and some don’t (Humane Society CEO Wayne Pacelle, NPR editor Michael Oreskes, Metropolitan Opera conductor… Continue Reading

Trafficking and poaching of animal products is fourth-highest-grossing crime in the world

Pacific Standard – “Over the last 10 years, the poaching and trafficking of animal products has become the fourth-highest-grossing crime in the world. But because wildlife crime is not bound by national borders and each country has its own rules and ideas, its management and policing has become unwieldy at best…Interpol estimates that wildlife crime—which… Continue Reading