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Category Archives: Courts

Federal Judge Blocks Trump’s Sanctuary Cities Order

FindLaw via Reuters  – “Like many federal judges before him, United States District Judge William H. Orrick of California’s Northern District has enjoined the federal government from enforcing one of President Donald Trump’s executive orders. Trump’s Executive Order 13768, “Enhancing Public Safety in the Interior of the United States,” has suffered the same fate as… Continue Reading

CJPP Launches Criminal Justice Debt Reform Builder

“Criminal justice debt – the result of fees and fines in the criminal justice system – has serious consequences. The Criminal Justice Debt Reform Builder brings transparency to this area of significant legal complexity: it gives easier access to state laws that govern criminal justice debt and suggests policy solutions through the Criminal Justice Policy… Continue Reading

UAlbany Launches Project to Digitize History of Executions in the United States

“The M. Watt Espy Papers, execution files on more than 15,000 legal executions in the United States since 1608, are getting a digital makeover. Hailed by the New York Times as “America’s foremost death penalty historian,” M. Watt Espy (1933-2009) devoted more than 40 years to cataloging each legal execution since the founding of the… Continue Reading

Active Judging and Access to Justice

Carpenter, Anna E., Active Judging and Access to Justice (February 3, 2017). Available at SSRN: https://ssrn.com/abstract=2911214 or http://dx.doi.org/10.2139/ssrn.2911214 “Active judging, where judges step away from the traditional, passive role to assist those without counsel, is a central feature of recent proposals aimed at solving the pro se crisis in America’s state civil courts. Despite growing… Continue Reading

Law, Belief, and Aspiration

Rowell, Arden, Law, Belief, and Aspiration (January 20, 2017). Available at SSRN: https://ssrn.com/abstract=2903049 “This project examines the relationships between what the law is, what people believe the law to be, and what people aspire for the law to be. It takes seriously the possibility that people do not know perfectly what the law is, and… Continue Reading

Justice, Interrupted: The Effect of Gender, Ideology and Seniority at Supreme Court Oral Arguments

Jacobi, Tonja and Schweers, Dylan, Justice, Interrupted: The Effect of Gender, Ideology and Seniority at Supreme Court Oral Arguments (March 14, 2017). Virginia Law Review, Forthcoming; Northwestern Law & Econ Research Paper No. 17-03. Available at SSRN: https://ssrn.com/abstract=2933016 “Oral arguments at the Supreme Court are important—they affect case outcomes and constitute the only opportunity for… Continue Reading

U.S. Climate Change Regulation and Litigation: Selected Legal Issues

CRS Report – U.S. Climate Change Regulation and Litigation: Selected Legal Issues, Linda Tsang, Legislative Attorney. April 3, 2017 [via FAS] : “On March 28, 2017, President Trump signed an executive order to encourage and promote energy development by modifying climate change policies. As the Trump Administration implements its environmental policies, various legal challenges to… Continue Reading

US Labor Dept targeting Google for systemic gender pay discrepancies

UK Guardian – “The U.S. Department of Labor’s investigation into Google’s pay practices is turning up some damning details. According to The Guardian, the department is accusing the tech giant of drastically underpaying its female employees, even beyond the typical gender pay gap in the tech sector. This data has come to light as part… Continue Reading

WaPo – How Gorsuch’s judicial experience compares with current justices

Follow up to several related postings on Judge Gorsuch – via the Washington Post: “By comparing how frequently a judge saw one of 23 legal topics on the appeals court with how frequently the same topics reached the Supreme Court in the last three years, The Washington Post created a relative exposure index that measures… Continue Reading

Twitter pushes back on revealing anti Trump account identity

Reuters: “Twitter Inc on Thursday filed a federal lawsuit to block an order by the U.S. government demanding that it reveal who is behind an account opposed to President Donald Trump’s tough immigration policies. Citing freedom of speech as a basis for not turning over records, Twitter filed the lawsuit in federal court in San… Continue Reading

Free Law Project to download all free opinions and orders from PACER

[March 27, 2017} “we are launching a new project to download all of the free opinions and orders that are available on PACER. Since we do not want to unduly impact PACER, we are doing this process slowly, giving it several weeks or months to complete, and slowing down if any PACER administrators get in… Continue Reading

Miranda for the next Fifty Years: Why the Fifth Amendment Should Go Fourth

Dripps, Donald A., Miranda for the next Fifty Years: Why the Fifth Amendment Should Go Fourth (2017). Boston University Law Review, Forthcoming; San Diego Legal Studies Paper No. 17-270. Available at SSRN: https://ssrn.com/abstract=2946340 “This Article addresses the enduring controversy over the Miranda rules by comparing the Miranda jurisprudence with the Fourth Amendment jurisprudence. The Fourth… Continue Reading