Lawfare: “On Jan. 5, 2024 the Supreme Court agreed to review the Colorado Supreme Court’s historic Dec. 19, 2023 ruling that Trump is disqualified from holding the office of the presidency and, therefore, that his name may not appear on the state’s primary ballot. Lawfare is tracking the docket below. Almost immediately after Jan. 6,… Continue Reading
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Category Archives: Courts
Legal Treatises and the Evolution of Civil Rights Case Law
Bahnson, Jane and Shreve, Wickliffe, Legal Treatises and the Evolution of Civil Rights Case Law (November 7, 2023). Duke Law School Public Law & Legal Theory Series No. 2023-68, Available at SSRN: https://ssrn.com/abstract=4626237 or http://dx.doi.org/10.2139/ssrn.4626237 – “During the 2022 term, the Supreme Court cited treatises to change legal precedent in two important civil rights cases. We… Continue Reading
How Long Will Trump’s Immunity Appeal Take? Analyzing the Alternative Timelines
Just Security: “This updated article provides an overview of the potential procedural pathways for former President Donald Trump’s ongoing appeal of his federal prosecution for election interference by Special Counsel Jack Smith. Now that the DC Circuit issued its opinion on Tuesday, Feb. 6 [see link below], we lay out the possible paths forward for… Continue Reading
Federal Appeals Court Rejects Trump’s Claim of Absolute Immunity
The New York Times: “A federal appeals court on Tuesday rejected former President Donald J. Trump’s claim that he was immune from prosecution on charges of plotting to subvert the results of the 2020 election, ruling that he must go to trial on a criminal indictment accusing him of seeking to overturn his loss to… Continue Reading
Google’s Location Data Policy Update
EPIC: “In December 2023, Google announced an update to its location data policy to provide users with more control over their sensitive location information. While this seems like a promising step in the right direction, we should be mindful of Google’s long history of failing to uphold its privacy obligations and vigilant in monitoring Google’s… Continue Reading
New York State Passes Law That Could Have Counted Trump’s Actions as Rape
Mother Jones: “On Tuesday, New York Gov. Kathy Hochul signed legislation broadening the state’s definition of rape, eliminating the penile penetration requirement. The bill, “Rape Is Rape,” expands the law to include nonconsensual anal, oral, and vaginal sexual contact. Starting in September, New York will be like many other states: The penal code will not limit rape to… Continue Reading
Every Awful Thing Trump Has Promised to Do in a Second Term
Rolling Stone: “Donald Trump reportedly did not expect to win the presidency in 2016, which isn’t surprising considering how ill-prepared he and his team were to take control of the country. He appointed established conservatives to key positions before learning some had personal principles that extended beyond indulging the president’s ego. Trump wreaked havoc on… Continue Reading
Telsa, Musk – The Bill Comes Due
Ann Lipton – Business Law Prof Blog: “On Tuesday, Chancellor Kathaleen McCormick of the Delaware Court of Chancery issued her long-awaited opinion in Tornetta v. Musk, where she took the extraordinary step of holding that Elon Musk’s Tesla pay package from 2018 was not “entirely fair” to Tesla investors, and ordered that it be rescinded. In… Continue Reading
Good AI Legal Help, Bad AI Legal Help: Establishing quality standards for response to people’s legal problem stories
Hagan, Margaret, Good AI Legal Help, Bad AI Legal Help: Establishing quality standards for response to people’s legal problem stories (November 21, 2023). Available at SSRN: https://ssrn.com/abstract=4640596 “Much has been made of generative AI models’ ability to perform legal tasks or pass legal exams, but a more important question for public policy is whether AI… Continue Reading
Updated calendar of Trump’s upcoming court dates
Vox: “Donald Trump breezed through the first two contests on the 2024 primary calendar. The question, though, is whether he can sustain his momentum through a primary season — and then general election — interrupted by his many upcoming court dates. The former president is fighting a multifront legal war that has consumed millions of… Continue Reading
Clerks for hire: The Supreme Court recruiting race
Washington Post [read free]: “Last spring, as the Supreme Court wrapped up oral arguments for what was shaping up to be a blockbuster term, the law firm Jones Day invited a group of law clerks to dinner at Del Mar, an upscale restaurant on the D.C. waterfront.At the dinner, the law clerks traded small talk… Continue Reading
How Walmart’s Financial Services Became a Fraud Magnet
ProPublica: “Scammers have duped consumers out of more than $1 billion by exploiting Walmart’s lax security. The company has resisted taking responsibility while breaking promises to regulators and skimping on training…America’s largest retailer has long been a facilitator of fraud on a mass scale, a ProPublica investigation has found. For roughly a decade, Walmart has… Continue Reading
