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Category Archives: Courts

Capital One hacker took data from more than 30 companies, new court docs reveal

ZDNet: “Paige A. Thompson, the hacker accused of breaching US bank Capital One, is also believed to have stolen data from more than 30 other companies, US prosecutors said in new court documents filed today and obtained by ZDNet. “The government’s investigation over the last two weeks has revealed that Thompson’s theft of Capital One’s data was only one part of her criminal conduct,” US officials said in a memorandum for extending Thompson’s detention period. “The servers seized from Thompson’s bedroom during the search of Thompson’s residence, include not only data stolen from Capital One, but also multiple terabytes of data stolen by Thompson from more than 30 other companies, educational institutions, and other entities.” US prosecutors said the “data varies significantly in both type and amount,” but, based on currently available information, “much of the data appears not to be data containing personal identifying information….”

Few Federal Hate Crime Referrals Result in Prosecution

“The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act (18 USC 249) was passed by Congress in 2009. Despite around 50 criminal referrals each year to federal prosecutors for these hate crimes, few have resulted in actual charges filed in federal court. During the Trump Administration, the number of federal prosecutions under this… Continue Reading

How the NRA Rewrote the Second Amendment

Polico Magazine – Michael Waldman is president of the Brennan Center for Justice at NYU School of Law. He is the author of The Second Amendment: A Biography. -“A fraud on the American public.” That’s how former Chief Justice Warren Burger described the idea that the Second Amendment gives an unfettered individual right to a… Continue Reading

Originalism and Stare Decisis in the Lower Courts

Blackman, Josh, Originalism and Stare Decisis in the Lower Courts (July 22, 2019). Available at SSRN: https://ssrn.com/abstract=3424348 or http://dx.doi.org/10.2139/ssrn.3424348 “The tension between originalism and stare decisis is well known. Many of the Supreme Court’s most significant constitutional decisions are completely unmoored from the original public understanding of the Constitution. A Supreme Court Justice may recognize… Continue Reading

California privacy act interpretation could make common newsgathering practice unlawful

Reporters Committee for Freedom of Information – ” The California court of appeal is considering an expansive interpretation of state privacy law — in a pending lawsuit pending involving Yelp — that would make it unlawful to take notes during telephone conversations. The Reporters Committee for Freedom of the Press and a coalition of 17… Continue Reading

Federal Preemption: A Legal Primer

EveryCRSReport.com: Federal Preemption: A Legal Primer July 23, 2019 R45825 – “The Constitution’s Supremacy Clause provides that federal law is “the supreme Law of the Land” notwithstanding any state law to the contrary. This language is the foundation for the doctrine of federal preemption, according to which federal law supersedes conflicting state laws. The Supreme Court… Continue Reading

Artificial Intelligence and Law: An Overview

Surden, Harry, Artificial Intelligence and Law: An Overview (June 28, 2019). Georgia State University Law Review, Vol. 35, 2019; U of Colorado Law Legal Studies Research Paper No. 19-22. Available at SSRN: https://ssrn.com/abstract=3411869 “Much has been written recently about artificial intelligence (AI) and law. But what is AI, and what is its relation to the… Continue Reading

E-Nudging Justice: The Role of Digital Choice Architecture in Online Courts

Sela, Ayelet, E-Nudging Justice: The Role of Digital Choice Architecture in Online Courts (March 18, 2019). 2019 Journal of Dispute Resolution 127 ( 2019). Available at SSRN: https://ssrn.com/abstract=3414176 “Justice systems around the world are launching online courts and tribunals in order to improve access to justice, especially for self-represented litigants (SRLs). Online courts are designed… Continue Reading

Reconciling Social Media and Professional Norms for Lawyers, Judges, and Law Professors

McPeak, Agnieszka, The Internet Made Me Do It: Reconciling Social Media and Professional Norms for Lawyers, Judges, and Law Professors (May 1, 2019). Idaho Law Review, Vol. 55, No. 2, 2019. Available at SSRN: https://ssrn.com/abstract=3418088 “Social media platforms operate under their own social order. Design decisions and policies set by platforms steer user behavior. Additionally,… Continue Reading

CRS – Bankruptcy and Student Loans

Library of Congress CRS Reports – Bankruptcy and Student Loans, July 1, 2019. “As overall student loan indebtedness in the United States has increased over the years, many borrowers have found themselves unable to repay their student loans. Ordinarily, declaring bankruptcy is a means by which a debtor may discharge—that is, obtain relief from—debts he… Continue Reading

Learn about the Mueller Report – A Podcast Series from Lawfare

Lawfare – “For the past several weeks, a group of us has been working on a project to tell the story of the Mueller Report in an accessible form. The Mueller Report tells a heck of a story, a bunch of incredible stories, actually. But it does so in a form that’s hard for a… Continue Reading

Donald Trump and the Plot to Take Over the Courts

The Nation – How the 45th president has packed the courts with ultraconservatives—and reshaped the judiciary for a generation. “…Trump’s Court—the collection of judges and justices now swarming our judicial system, nominated and confirmed to lifetime appointments on his recommendation—will linger, like an infected wound poisoning the body politic even after the initial injury has… Continue Reading