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Category Archives: Courts

Suits Challenging Confinement of Noncitizens Jump

“Habeas corpus filings in federal courts challenging the confinement of noncitizens have risen sharply. The latest available data from the federal courts show that during January 2017 the government reported 168 new habeas corpus civil filings by noncitizens. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up… Continue Reading

The Misjudgment of Criminal Responsibility

Beattey, Robert A. and Fondacaro, J.D., Ph.D., Mark R., The Misjudgment of Criminal Responsibility (February 18, 2017). Beattey, R., & Fondacaro, M.R. The misjudgment of criminal responsibility, Behavioral Sciences & the Law, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2919855 “Generally, a criminal statute must consist of two essential elements: a description of the forbidden act (actus reus)… Continue Reading

Appeals court rules banned assault weapons are designed to kill or disable enemy on battlefield

Slate – Appeals Court Rules that Second Amendment Doesn’t Protect Right to Assault Weapons: “On Tuesday [February 21, 2017] , the U.S. Court of Appeals for the 4th Circuit ruled that the Second Amendment doesn’t protect assault weapons—an extraordinary decision keenly attuned to the brutal havoc these firearms can wreak. Issued by the court sitting… Continue Reading

Working Without a Net: Supreme Court Decision Making as Performance

Gedicks, Frederick Mark, Working Without a Net: Supreme Court Decision Making as Performance (February 17, 2017). BYU Law Research Paper No. 17-09. Available at SSRN: https://ssrn.com/abstract=2919682 “A Depression-era Justice once suggested that in constitutional challenges the Supreme Court simply compares government action to the Constitution and decides “whether the latter squares with the former.” Chief… Continue Reading

CrowdJustice

“CrowdJustice is a crowdfunding platform built for legal cases. We launched in May 2015, as a way to democratise access to the legal system. We wanted to help make the law a powerful tool for everyone – not just a tool for the powerful. We’ve since seen cases challenge the government, go to the Supreme… Continue Reading

Paper – Peer Effects on the United States Supreme Court

Holden, Richard and Keane, Michael and Lilley, Matthew, Peer Effects on the United States Supreme Court (February 3, 2017).  Available at SSRN: https://ssrn.com/abstract=2916394 “Using data on essentially every US Supreme Court decision since 1946, we estimate a model of peer effects on the Court. We consider both the impact of justice ideology and justice votes… Continue Reading

The Essential Neil Gorsuch Reader: What Judge Gorsuch Cases Should You Read?

Via FAS – The Essential Neil Gorsuch Reader: What Judge Gorsuch Cases Should You Read?, CRS Legal Sidebar, February 13, 2017. “Judge Gorsuch has a voluminous judicial record, having served on the U.S. Court of Appeals for the Tenth Circuit for more than a decade. According to Judge Gorsuch’s recent submissions to the Senate Judiciary… Continue Reading

Yale, Harvard Law School Deans rise up against attacks on judiciary

Law.com: “The deans of Yale Law School and Harvard Law School have joined the growing chorus of lawyers publicly condemning President Donald Trump’s attacks on the judiciary. In a blistering op-ed in The Boston Globe on Friday, Harvard’s Martha Minow and Yale’s Robert Post wrote that Trump’s Twitter-delivered insults against the federal judges who stayed… Continue Reading

AP – Judge grants injunction against Trump travel ban in Virginia

Follow up to previous related postings – news via AP –  “[On February 14, 2017] A federal judge Monday granted a preliminary injunction barring the Trump administration from implementing its travel ban in Virginia, adding another judicial ruling to those already in place challenging the ban’s constitutionality. The ruling is significant from a legal standpoint… Continue Reading

Publishers Still Fighting to Bury Universities, Libraries in Fees for Making Fair Use of Academic Excerpts

EFF – “On behalf of three national library associations, EFF today urged a federal appeals court for the second time to protect librarians’ and students’ rights to make fair use of excerpts from academic books and research. Nearly a decade ago, three of the largest academic publishers in the world— backed by the Association of… Continue Reading

Microsoft Corporation v. DOJ on sneak-and-peek searches

Via Bloomberg – “Microsoft Corp. persuaded a judge not to let the U.S. government out of a lawsuit alleging the company’s free-speech rights are violated by a law that blocks it from alerting users to the clandestine interception of their e-mails. The judge said Microsoft has at least made a plausible argument that federal law… Continue Reading

During World War II U.S. Saw Italian-Americans as a Threat to Homeland Security

David A. Taylor – smithsonian.com – February 2, 2017: “The executive order that forced Japanese-Americans from their homes also put immigrants from Italy under the watchful eye of the government…The incarceration of Japanese-Americans is the best-known effect of Executive Order 9066, the rule signed by President Franklin Roosevelt on February 19, 1942. And for good… Continue Reading