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Category Archives: Courts

You Know It’s Bad When The Court Decision Has A Table Of Contents: Part Deux

Above The Law -“…In DR Distributors, LLC v. 21 Century Smoking, Inc., originally filed in 2012, two companies that sell electronic cigarettes brought suit and counterclaims alleging, among other things, trademark violations under the Lanham Act. The court’s decision is 256 pages long. Like the Smalls decision 18 months ago, this decision was at times… Continue Reading

Supreme Court Nominations, 1789 to 2020: Actions by the Senate, the Judiciary Committee, and the President

CRS – Supreme Court Nominations, 1789 to 2020:Actions by the Senate, the Judiciary Committee, and the President, Updated February 23, 2021: “The process of appointing Supreme Court Justices has undergone changes over two centuries, but its most basic feature, the sharing of power between the President and Senate, has remained unchanged. To receive a lifetime… Continue Reading

The Three Permissions: Presidential Removal and the Statutory Limits of Agency Independence

The Three Permissions: Presidential Removal and the Statutory Limits of Agency Independence, 121 Columbia Law Review No.1, January 2021. “Seven words stand between the President and the heads of over a dozen “independent agencies”: inefficiency, neglect of duty, and malfea­sance in office (INM). The President can remove the heads of these agencies for INM and… Continue Reading

Abortion: Judicial History and Legislative Response

CRS Report – Abortion: Judicial History and Legislative Response, Updated February 8, 2021: “In 1973, the U.S. Supreme Court concluded in Roe v. Wade that the U.S. Constitution protects a woman’s decision to terminate her pregnancy. In a companion decision, Doe v. Bolton, the Court found that a state may not unduly burden the exercise… Continue Reading

NYT Op – Lawyers Enabled Trump’s Worst Abuses

The New York Times Opinion By Sherrilyn A. Ifill – Ms. Ifill is a lawyer and author. She is president and director-counsel of the NAACP Legal Defense and Educational Fund Inc., a civil rights legal organization. “The legal profession must reckon with its complicity in Trump’s attack on democracy. Every day, we learn more about… Continue Reading

Lawsuit Saves Trump White House Records

“The National Security Archive et. al. v. Donald J. Trump et. al. lawsuit, filed December 1, 2020 to prevent a possible bonfire of records in the Rose Garden, achieved a formal litigation hold on White House records that lasted all the way through the transition and Inauguration Day, the preservation of controversial WhatsApp messages, and a formal… Continue Reading

Supreme Court Preview of 2020-2021 Environmental and Energy Law Cases and Review of 2019-2020 Rulings

CRS Report – Supreme Court Preview of2020-2021 Environmental and Energy Law Cases and Review of 2019-2020 Rulings, Updated February 11, 2021: “The Supreme Court 2019-2020 term, which started on October 1, 2019, was historic in unexpected ways. The Coronavirus Disease 2019 (COVID-19) pandemic resulted in the Court indefinitely closing its building to the public, postponing… Continue Reading

Legal Research Reports: Most Viewed Reports of the Decade

In Custodia Legis Law Library Blog – “The Law Library of Congress’ Global Legal Research Directorate specializes in U.S. and foreign law, producing legal research reports that explain how countries around the world approach the regulation of particular topics. In the past decade, the Law Library of Congress has published dozens of reports. Millions of… Continue Reading

Pete Recommends – Weekly highlights on cyber security issues, February 6, 2021

Via LLRX – Pete Recommends – Weekly highlights on cyber security issues, February 6, 2021 – Privacy and security issues impact every aspect of our lives – home, work, travel, education, health and medical records – to name but a few. On a weekly basis Pete Weiss highlights articles and information that focus on the increasingly… Continue Reading

Justice Delayed Is Justice Denied: Judges Fail To Rule in a Timely Manner on FOIA Cases

The FOIA Project at the Newhouse School TRAC/Syracuse University Report – “The Freedom of Information Act (FOIA) was passed to ensure the public’s right to know what their government was doing. Response delays have become a perennial problem. Federal officials increasingly ignore FOIA deadlines for responding, forcing FOIA requesters to take them to court. As… Continue Reading

ABA celebrates Black History Month with monthlong webinar series

“The American Bar Association Section of Civil Rights and Social Justice will celebrate Black History Month with a webinar series for various days in February, The Challenges that African Americans Face in the 21st Century, begins Wednesday, Feb. 3 and will run on Feb. 4, 5, 9, 10, 11, 23, 25 and 26. The series… Continue Reading