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Category Archives: Courts

District Court denies motion to dismiss case re Trump hotel profits from foreign and state officials

The New York Times: “A lawsuit accusing President Trump of violating the Constitution by maintaining a financial interest in his company’s Washington hotel cleared a critical hurdle on Wednesday when a federal judge allowed the case to move forward. In the first judicial opinion to define how the meaning of the Constitution’s anticorruption clauses should… Continue Reading

Federal Motor Vehicle Product Liability Litigation Up 89%

Transactional Records Access Clearinghouse: “The latest available data from the federal courts through June 2018 show that new federal motor vehicle product liability lawsuits have risen sharply.  During four out of six of the past months, the number of new cases filed set new records.  So far during the first nine months of FY 2018,… Continue Reading

State Constitutions in the Era of a Shifting Supreme Cour

“The Rockefeller Institute of Government and the Government Law Center at Albany Law School recently hosted “How Can State Constitutions Respond to a Shifting Supreme Court?” to examine the role state constitutions can play if the Supreme Court begins to roll back federal protections. With the retirement of Supreme Court Justice Anthony Kennedy and the… Continue Reading

Judge Brett Kavanaugh’s Senate Questionnaire released to the public

BuzzFeed News: “On June 27, Justice Anthony Kennedy announced his plan to retire from the US Supreme Court around midday. Later that same afternoon, White House counsel Don McGahn called Judge Brett Kavanaugh about replacing him. That’s according to the timeline that Kavanaugh, President Donald Trump’s nominee to replace Kennedy, laid out in a Senate… Continue Reading

Trump leaving lasting legacy throughout judiciary

Boston Globe [paywall]: “President Trump is not only poised to put his conservative imprint on the Supreme Court, but he’s restocking vacancies throughout lower US courts at a historic clip, ensuring a judicial legacy that will last decades. Trump has appointed 44 judges since taking office — including more appellate judges than any president in… Continue Reading

Can a President Amend Regulations by Executive Order?

Can a President Amend Regulations by Executive Order?, CRS Legal Sidebar, July 18, 2018. “An executive order signed by President Trump on July 10, 2018, raises the question of whether a President—with the stroke of a pen—can amend federal rules codified in the Code of Federal Regulations (CFR). In Executive Order 13843, the President changed the… Continue Reading

Court Vacates Injunction Against Publishing the Law

EFF – Win for Public Right to Know: Court Vacates Injunction Against Publishing the Law – Industry Groups Want to Control Access to Legal Rules and Regulation: “San Francisco – A federal appeals court today ruled that industry groups cannot control publication of binding laws and standards. This decision protects the work of Public.Resource.org (PRO),… Continue Reading

Justice Anthony Kennedy: His Jurisprudence and the Future of the Court

CRS report via FAS: Justice Anthony Kennedy: His Jurisprudence and the Future of the Court, Andrew Nolan, Section Research Manager; Kevin M. Lewis, Legislative Attorney; Valerie C. Brannon, Legislative Attorney. July 11, 2018. “On June 27, 2018, Justice Anthony M. Kennedy announced that, effective July 31, 2018, he would retire from active service as an… Continue Reading

Who Interprets Foreign Law in U.S. Federal Courts

CRS report via FAS – Who Interprets Foreign Law in U.S. Federal Courts? Stephen P. Mulligan, Legislative Attorney. July 9, 2018. “Federal courts are frequently called upon to evaluate foreign law in a variety of contexts—from routine breach of contract and tort claims to complex cases implicating the judicial branch’s role in international affairs. In… Continue Reading

CRS – President Trump Nominates Judge Brett Kavanaugh: Initial Observations

CRS Legal Sidebar – President Trump Nominates Judge Brett Kavanaugh: Initial Observations, Andrew Nolan, Section Research Manager. July 10, 2018. “On July 9, 2019, President Trump announced the nomination of Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) to fill the impending vacancy on the… Continue Reading

How Kavanaugh compares to other SCOTUS nominations close to elections

Axios: “How Kavanaugh compares to other SCOTUS nominations close to elections. President Trump’s nomination of Brett Kavanaugh to fill the seat of Justice Anthony Kennedy comes just 120 days before the 2018 midterm election. The big picture: There have been five other cases since 1950 when seats have opened within 150 days of a midterm… Continue Reading

Doing User Research in the Courts on the Future of Access to Justice

Legal Design Lab: “Over the past quarter, the Stanford Legal Design Lab has established a regular on-site civic user testing group at the California courts. Through a policy lab class, Community-Led System Design Practice, our team of five students, teachers, and fellows has developed a user testing protocol for people working on justice innovation. It is particularly aimed… Continue Reading