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Category Archives: Courts

Immigration Court Cases Now Involve More Long-Time Residents

“The latest available data from the Immigration Court reveals a sharp uptick in the proportion of cases involving immigrants who have been living in the U.S. for years. During March 2018, for example, court records show that only 10 percent of immigrants in new cases brought by the Department of Homeland Security had just arrived in this country, while 43 percent had arrived two or more years ago. Fully twenty percent of cases filed last month involved immigrants who had been in the country for 5 years or more. In contrast, the proportion of individuals who had just arrived in new filings during the last full month of the Obama Administration (December 2016) made up 72 percent, and only 6 percent had been here at least two years. Over time, immigration enforcement priorities have varied, as have the ebb and flow of illegal entrants, visa over-stayers, and asylum seekers. Using the court’s records on the date of entry of each individual, the report examines how long these immigrants typically had resided in the U.S. before their cases were initiated. To read the full report covering the period from October 2000 through March 2018 go to: http://trac.syr.edu/immigration/reports/508/. To examine the length of stay for immigrants by state and county of residence go to: http://trac.syr.edu/phptools/immigration/nta/. In addition, many of TRAC’s free query tools – which track the court’s overall backlog, new DHS filings, court dispositions and much more – have now been updated through March 2018. For an index to the full list of TRAC’s immigration tools go to: http://trac.syr.edu/imm/tools/.”

Chart on Admissibility of Electronic Evidence

Craig Ball posted a well documented chart, Admissibility of Electronic Evidence, authored by U.S. District Judge Paul Grimm and attorney Kevin Brady. Thanks to all for sharing! Continue Reading

Boulder, Colorado latest city to sue Big Oil over climate change

Grist: “Remember those lawsuits California and New York filed against major oil producers for knowingly heating up the planet? Two counties in Colorado just teamed up with the city of Boulder to file a similar lawsuit of their own. The complaint alleges that oil companies contributed greenhouse gases to the atmosphere for decades while knowing the… Continue Reading

Protecting Email Privacy—A Battle We Need to Keep Fighting

EFF: “We filed an amicus brief in a federal appellate case called United States v. Ackerman Friday, arguing something most of us already thought was a given—that the Fourth Amendment protects the contents of your emails from warrantless government searches. Email and other electronic communications can contain highly personal, intimate details of our lives. As… Continue Reading

LA Times – Trump lawyers urge high court to bolster his power to fire executive officials

David Savage – LA Times: “The Supreme Court is set to hear a seemingly minor case later this month on the status of administrative judges at the Securities and Exchange Commission, an issue that normally might only draw the interest of those accused of stock fraud. But the dispute turns on the president’s power to… Continue Reading

CRS – Statutory Interpretation: Theories, Tools, and Trends

Statutory Interpretation: Theories, Tools, and Trends. Valerie C. Brannon, Legislative Attorney, April 5, 2018.”In the tripartite structure of the U.S. federal government, it is the job of courts to say what the law is, as Chief Justice John Marshall announced in 1803. When courts render decisions on the meaning of statutes, the prevailing view is… Continue Reading

CRS – Sexual Harassment and Title VII: Selected Legal Issues

Sexual Harassment and Title VII: Selected Legal Issues. Christine J. Back, Legislative Attorney; Wilson C. Freeman, Legislative Attorney. April 9, 2018.”Title VII of the Civil Rights Act of 1964 (Title VII) generally prohibits discrimination in the workplace, but does not contain an express prohibition against harassment. The Supreme Court, however, has interpreted the statute to… Continue Reading

Trio of articles – Court rules women can’t be paid less than men based on past wages; Sexual harassment at work; the Womanly Art of Having an Opinion

This is still an issue for women in 2018 [why]…via ABCNews: “Employers cannot pay women less than men for the same work based on differences in their salaries at previous jobs, a federal appeals court said Monday. Pay differences based on prior salaries are discriminatory under the federal Equal Pay Act, a unanimous 11-judge panel… Continue Reading

Nearly Half of Corporate Giants Escape IRS Audit in 2017

“The Internal Revenue Service (IRS) reports that nationally there are now 616 corporate giants. These are companies that reported $20 billion or more in assets. As recently as FY 2010 virtually every (96%) corporate giant received an IRS audit. By FY 2016, this had fallen to only three out of four (76%). And last year,… Continue Reading

Comfort dogs in Courts

Christian Science Monitor: “As dogs and other animals are increasingly used in courts to comfort and calm prosecution witnesses, a few voices are calling for keeping the practice on a short leash, saying they could bias juries. The use of dogs in courts has spread quickly across the United States amid a growing number of… Continue Reading

Whose Line is it Anyway: Could Congress Give the President a Line – Item Veto?

CRS Legal Sidebar Prepared for Members and Committees of Congress – Whose Line is it Anyway: Could Congress Give the President a Line-Item Veto? March 27, 2018. “In announcing his intention to sign H.R. 1625, the “Consolidated Appropriations Act, 2018,” President Trump, noting his concerns over the fiscal size of the bill, called on Congress… Continue Reading

District Court Judge rules Pacer fees misused by judiciary

Law.com: “The federal judiciary misused millions of dollars in fees derived from an electronic public web portal for court documents to fund certain programs that federal law did not allow, a Washington judge ruled on Saturday. U.S. District Judge Ellen Segal Huvelle said the United States is liable for certain improper expenses that violated the… Continue Reading