Accurate, Focused Research on Law, Technology and Knowledge Discovery Since 2002

Category Archives: Courts

What the Supreme Court’s Vaccine Case Was Really About

Opinion Linda Greenhouse. Jan. 17, 2022: “Halfway through their pained dissent from the Supreme Court’s decision blocking the Biden administration’s workplace Covid vaccine rule, the court’s three liberal justices made a glancing reference to a now-obscure case from 1981, American Textile Manufacturers Institute v. Donovan. It was one of the court’s first efforts to interpret the 1970 law that created the Occupational Safety and Health Administration….That case stands for a time when the Supreme Court was willing to rescue an administrative agency’s authority from the storms of politics. Was that the dissenters’ point in citing it? I don’t know, but what jumped off the page to me was the contrast between how the court behaved in 1981 and what happened last Thursday in National Federation of Independent Business v. Department of Labor, when six justices yielded to politics to disable an agency from carrying out its statutory mission to protect the health and safety of the American work force. That is where we are now. That’s how far the court has fallen…”

Supreme Court overturns OSHA mandate, affects 2/3 of all US workers

Poynter – Al Tompkins: “The quick version of the story is this: A majority of Supreme Court justices ruled that if Congress wishes for the Occupational Safety and Health Administration to be able to require private-sector workers to be vaccinated or undergo testing, then Congress should say so in legislation. Short of that, the court… Continue Reading

The Overreach of Limits on “Legal Advice”

Yale Law Journal, Vol 131, 2021-22. The Overreach of Limits on “Legal Advice” 03 Jan 2022 Lauren Sudeall: “Nonlawyers, including court personnel, are typically prohibited from providing legal advice. But definitions of “legal advice” are unnecessarily broad, creating confusion, disadvantaging self-represented litigants, and possibly raising due-process concerns. This Essay argues for a narrower, more explicit… Continue Reading

ABA links pro bono lawyers with families facing deportation in 11 cities

“The American Bar Association has begun a nationwide campaign to offer legal support to families facing a new, faster deportation process in 11 U.S. cities. The ABA campaign includes a new website – Pro Bono Matters for Families Facing Deportation – that lists cases of families in those 11 cities who need representation. The website… Continue Reading

Yale, Georgetown, Other Top Schools Illegally Collude to Limit Student Financial Aid, Lawsuit Alleges

Wall Street Journal (paywall – alternate source/ Yale Daily News) – “Sixteen major U.S. universities, including Yale University, Georgetown University and Northwestern University, are being sued for alleged antitrust violations because of the way they work together to determine financial-aid awards for students. According to a lawsuit filed in Illinois federal court late Sunday by… Continue Reading

What is Uncivil Religion?

Uncivil Religion: January 6, 2021 – “A Collaborative Digital Project Between the Department of Religious Studies at the University of Alabama and the Smithsonian’s National Museum of American History. Religious symbols, rituals, identities, banners, signs, and sounds suffused the events surrounding the U.S. Capitol on January 6, 2021. This project begins to trace the thread… Continue Reading

Hundreds of crimes, little punishment: Inside the sentences since the Capitol attack

Politico: “This is a living database that will be updated weekly with new sentencing information, analysis and data throughout 2022. More than 150 people have pleaded guilty to storming the Capitol on Jan. 6, but relatively few defendants have received prison time for their role in the insurrection. A POLITICO analysis of every sentence to… Continue Reading

New Series of CRS Reports on Constitutional Analysis

LSB10675| The Modes of Constitutional Analysis: An Introduction (Part 1) Brandon J. Murrill Dec 29, 2021: “This Legal Sidebar Post is the first in a nine-part series that discusses certain “methods” or “modes” of analysis that the Supreme Court has employed to determine the meaning of a provision within the Constitution. (For additional background on… Continue Reading

House panel asks Supreme Court to say by mid-January whether it’s taking Trump’s January 6 records case

CNN – “Former President Donald Trump appealed to the Supreme Court on Thursday to block the release of documents from his White House to the House committee investigating the January 6 riot at the Capitol, escalating his effort to keep about 700 pages of records secret. Hours after Trump’s request was filed, the House committee… Continue Reading

FDA Allows Women to Get Abortion Pill by Mail

USAToday: “The Food and Drug Administration said Thursday that it would permanently remove a key restriction on medication used to terminate pregnancies, allowing so-called “abortion pills” to be available by mail and prescribed through telehealth medical consultations.  The FDA had temporarily allowed the medication to be available in such methods after a federal judge ordered it due to the… Continue Reading

Senate Judiciary Committee Approves Bill to Make PACER Free

Bloomberg Law – “The Senate Judiciary Committee approved bipartisan legislation Thursday designed to make U.S. court documents free to the general public. Committee members of both parties asked to be included as cosponsors of the measure (S. 2614) that would require the federal judiciary to create a new PACER system that would be free for… Continue Reading

Presidential Commission on the Supreme Court of the United States

Presidential Commission on the Supreme Court of the United States DRAFT FINAL REPORT December 2021 – “…Consistent with the Executive Order, the Report identifies prominent proposals for reform and provides a critical evaluation of the strengths and weaknesses of the proposals. This appraisal includes consideration of whether specific proposals could reasonably be expected to achieve… Continue Reading