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Category Archives: Courts

Congress’s Authority to Influence and Control Executive Branch Agencies – CRS report – Congress’s Authority to Influence and Control Executive Branch Agencies, Updated December 19, 2018. “The Constitution neither establishes administrative agencies nor explicitly prescribes the manner by which they may be created. Even so, the Supreme Court has generally recognized that Congress has broad constitutional authority to establish and shape the federal… Continue Reading

The Federalist Society’s impact on the law

Washington Post Magazine: “The conservative and libertarian society for law and public policy studies has reached an unprecedented peak of power and influence. Brett Kavanaugh, whose membership in the society dates to his Yale Law School days, has just been elevated to the Supreme Court; he is the second of President Trump’s appointees, following Neil… Continue Reading

SCOTUS for law students: President George H.W. Bush’s Supreme Court legacy

SCOTUS blog: “Shortly before his death in 1826, President John Adams was quoted as saying, “My gift of John Marshall to the people of the United States was the proudest act of my life.” Adams was one of the earliest exponents of the view that nominations to the Supreme Court form a very important part… Continue Reading

Opinion – Yes, Bill Barr’s Memo Really is Wrong About Obstruction of Justice

Lawfare, By Daniel J. Hemel, Eric A. Posner: “In a New York Times op-ed last Friday, we wrote that William Barr, who served as attorney general under President George H.W. Bush and has been nominated by President Trump for that post again, had seriously damaged his credibility by sending an unsolicited and poorly reasoned memo… Continue Reading

Facebook’s New ‘Supreme Court’ Could Revolutionize Online Speech

Lawfare Blog: Facebook’s New ‘Supreme Court’ Could Revolutionize Online Speech – “The Supreme Court of Facebook is about to become a reality. When Facebook CEO Mark Zuckerberg first mentioned the idea of an independent oversight body to determine the boundaries of acceptable speech on the platform—”almost like a Supreme Court,” he said—in an April 2018 interview… Continue Reading

Cellphones, Law Enforcement, and the Right to Privacy

Brennan Center for Social Justice: How the Government Is Collecting and Using Your Location Data “Cell phones are ubiquitous. As of 2017, there were more cell phones than people in the United States. Nearly 70 percent of those were smartphones, with 94 percent of millennials carrying a smart device. Cell phones go nearly everywhere, and… Continue Reading

Johnson & Johnson loses motion to reverse jury verdict

Follow up to previous posting – Johnson & Johnson knew for decades that asbestos lurked in its Baby Powder – Via Jurist – Johnson & Johnson loses motion to reverse jury verdict: “Johnson & Johnson lost its motion Wednesday to reverse a $4.69 billion jury verdict against them. Johnson & Johnson had asked “that the… Continue Reading

Growth in the Immigration Court Backlog Continues in FY 2019

“The Immigration Court backlog continues to rise. As of November 30, 2018, the number of pending cases on the court’s active docket grew to 809,041 cases. This is almost a fifty percent increase compared to the 542,411 cases pending at the end of January 2017 when President Trump took office. This figure does not include… Continue Reading

Female Prisoners Could Benefit From Criminal Justice Measure

NPR: “David Greene talks to Topeka K. Sam, who spent more than 3 years in prison and is a leading voice on overhauling the criminal justice system. She played a pivotal role in a landmark Senate bill. DAVID GREENE, HOST: A bipartisan criminal justice bill is close to becoming law. The Senate passed the measure… Continue Reading

Merriam-Webster’s Words of the Year 2018

“Our Word of the Year for 2018 is justice. It was a top lookup throughout the year at, with the entry being consulted 74% more than in 2017. The concept of justice was at the center of many of our national debates in the past year: racial justice, social justice, criminal justice, economic justice.… Continue Reading

A Complete Guide to All 17 (Known) Trump and Russia Investigations

Wired: “…After three weeks of back-to-back-to-back-to-back bombshells by federal prosecutors and special counsel Robert Mueller, it’s increasingly clear that as 2018 winds down, Donald Trump faces a legal assault unlike anything previously seen by any president—a total of at least 17 distinct court cases stemming from at least seven different sets of prosecutors and investigators.… Continue Reading

U.S. Courts Are Figuring Out if the Government Can Block You On Facebook

NextGov: “In the last two years, there’s been a cascade of lawsuits in the U.S. against public officials who have blocked people on social media and deleted critical comments. The list starts with the highest one in the country, president Donald Trump, and goes all the way down to a county board chair. As officials use social platforms… Continue Reading