Politico – ‘This to Him Is the Grand Finale’: “…This country has never seen and therefore is utterly unprepared for what it’s about to endure in the wrenching weeks and months ahead — active challenges based on post-Civil War constitutional amendments to bar insurrectionists from the ballot; existentially important questions about presidential immunity almost certainly… Continue Reading
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Category Archives: Courts
New RECAP Archive Search Is Now Live
“In 2016, we launched a major new search engine for the RECAP Archive. Since then, it has grown in usage and size, measuring in at over four hundred million items and receiving about thirty thousand queries per day. Today, after nearly a year of work, and several months in beta, we’re launching a brand-new search… Continue Reading
Fifth Circuit Court of Appeals Affirms That Texas Book Ban Law is Unconstitutional
Association of American Publishers: “The United States Court of Appeals for the Fifth Circuit today affirmed the preliminary injunction of the “Reader Act” (formerly HB 900) granted by Judge Alan D. Albright of the U.S. District Court for the Western District of Texas, Austin Division in a written opinion issued on September 18, 2023. The law would have required independent bookstores, national… Continue Reading
Is A.I. the Death of I.P.?
The New Yorker [free to read]: “Intellectual property accounts for some or all of the wealth of at least half of the world’s fifty richest people, and it has been estimated to account for fifty-two per cent of the value of U.S. merchandise exports. I.P. is the new oil. Nations sitting on a lot of… Continue Reading
Gorsuch urged to recuse himself from supreme court case over ties to oil baron
The Guardian: “Philip Anschutz has hosted rightwing justice at resort and stands to benefit if court strips power from federal regulatory agencies. Two days before oral arguments in a US supreme court case set to have a major impact on federal health and environmental regulation, a leading government watchdog called on Neil Gorsuch to recuse… Continue Reading
Special counsel probe uncovers new details about Trump’s inaction on Jan. 6
ABC News: “Special counsel Jack Smith’s team has uncovered previously undisclosed details about former President Donald Trump’s refusal to help stop the violent attack on the U.S. Capitol three years ago as he sat watching TV inside the White House, according to sources familiar with what Smith’s team has learned during its Jan. 6 probe.… Continue Reading
Supreme Court now allows public to sign up for email notifications of court filings
@lawrencehurley, Supreme Court Reporter for @NBCNews: “The Supreme Court’s docket system contains information about cases, both pending and decided, that have been filed at the Court. The docket provided here contains complete information regarding the status of cases filed since the beginning of the 2001 Term. Users can search for the docket in a particular… Continue Reading
#MeToo & The Courts: The Impact of Social Movements on Federal Judicial Decisionmaking
T. Li, Carol and Martinez, Veronica Root and Hall, Matthew, #MeToo & The Courts: The Impact of Social Movements on Federal Judicial Decisionmaking (November 29, 2023). Washington and Lee Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2023-70, Available at SSRN: https://ssrn.com/abstract=4648666 – “In late 2017, the #MeToo movement swept… Continue Reading
Report: Thomas May Also Be Dodging Tax Bill With Failure to Report Gifts
The Lever – “If billionaires’ largesse was designed to keep the justice on the high court, experts say the money could be considered a taxable payment… Much of the public outcry over Thomas’ long history of undisclosed gifts has centered on whether the activities violate federal ethics laws. Lawmakers have also zeroed in on one… Continue Reading
Tracking Section 3 Trump Disqualification Challenges
Lawfaremedia.org: “Almost immediately after Jan. 6, 2021, legal commentators began debating whether Section 3 of the 14th Amendment could be used to disqualify former President Donald Trump from running in the 2024 presidential election. They discussed, in particular, whether or not Section 3 applies to a former president, whether it is self-executing, and whether Jan.… Continue Reading
Disqualification of a Candidate for the Presidency, Part II
CRS Legal Sidebar, December 28, 2023: Disqualification of a Candidate for the Presidency, Part II: Examining Section 3 of the Fourteenth Amendment as It Applies to Ballot Access: “Numerous lawsuits across the country have sought or are seeking to prevent former President Donald Trump from appearing on state ballots for the upcoming presidential elections. In… Continue Reading
Google agreed to settle $5B lawsuit alleging it tracked users’ activity in “incognito” mode
Inside Daily Brief: “Google has agreed to settle a $5B lawsuit alleging it tracked users’ activity in “incognito” mode in its Chrome browser and similar private modes in other browsers. The lawsuit, filed in 2020, accused Google of misleading users about their privacy and continuing to collect data despite using private browsing. The class-action lawsuit… Continue Reading
