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Category Archives: Courts

An interactive guide to rights the Supreme Court has established and could take away

ProPublica – Supreme Risk – “Last summer, the U.S. Supreme Court overturned the constitutional right to abortion established 50 years ago in Roe v. Wade, raising concerns about the future of other rights rooted in Supreme Court rulings. Although most rights are secured by statutes and regulations, others are guarantees extrapolated by the court from… Continue Reading

A Democracy Crisis In The Making: June 2023 Edition

States United Democracy Center, Democracy Foward, Law Forward report – A Democracy Crisis In The Making: June 2023 Edition: Key Takeaways: 38 states are considering 185 bills that would make it easier to overturn the will of the voters — and harder for trusted election officials to do their jobs. At least eight states have… Continue Reading

Trump Indicted in Mar-a-Lago Probe

Washington Post – Here are the charges against Trump and what they mean LawFare: “A grand jury in South Florida has reportedly indicted former President Donald Trump in connection with the Mar-a-Lago documents investigation. The indictment is under seal, but it apparently includes seven counts involving improper retention of classified material and conspiracy to obstruct… Continue Reading

Lawyer cites fake cases invented by ChatGPT, judge is not amused

Simon Willison’s Weblog: “Legal Twitter is having tremendous fun right now reviewing the latest documents from the case Mata v. Avianca, Inc. (1:22-cv-01461). Here’s a neat summary: So, wait. They file a brief that cites cases fabricated by ChatGPT. The court asks them to file copies of the opinions. And then they go back to… Continue Reading

Rule-Of-Law Judge? That’s Code for Ideologically Conservative Judging

Kimble, Joseph, Rule-Of-Law Judge? That’s Code for Ideologically Conservative Judging (February 15, 2023). Michigan Lawyers Weekly, February 15 2023, Available at SSRN: https://ssrn.com/abstract=4436620 “Judges often proclaim—typically during a political campaign—that they are a “rule-of-law judge.” This commentary calls that description “a clichéd truism.” Beyond that, though, what’s wrong with the description? First, it’s hopelessly simplistic.… Continue Reading

Sound Recordings of Supreme Court of the United States Now Fully Digitized

NARA: “The Moving Image and Sound Branch is pleased to announce that the sound recordings of RG 267: Records of the Supreme Court of the United States have been fully digitized and are available for listening and download through the National Archives Catalog. The audio recordings in Record Group 267 are organized into three series, … Continue Reading

Stop the Presses? Newspapers in the Digital Age

CRS Report – Stop the Presses? Newspapers in the, Digital Age, Updated May 24, 2023: “During the past 20 years, more than 200 local daily newspapers have either reduced thei rpublication frequency or ceased publishing altogether. Among those that survived, many employa fraction of the journalists that they did at the turn of the 21st… Continue Reading

Generative Artificial Intelligence and Copyright Law

CRS Legal Sidebar, Generative Artificial Intelligence and Copyright Law, Updated May 11, 2023: “Recent innovations in artificial intelligence (AI) are raising new questions about how copyright law principles such as authorship, infringement, and fair use will apply to content created or used by AI. So-called “generative AI” computer programs—such as Open AI’s DALL-E 2 and… Continue Reading

A Judge’s Perspective on the Science and Rhetoric of the Written Word

Dysart, Tessa, “I Can [Read] Clearly Now” Legal Writing: A Judge’s Perspective on the Science and Rhetoric of the Written Word (December 31, 2022). 22 J. App. Prac. & Proc. 157 (2022) , Available at SSRN: https://ssrn.com/abstract=4414268 “Audience. Comprehension. Recall. Those three words sum up Judge Robert E. Bacharach’s recent book, Legal Writing: A Judge’s… Continue Reading

The Supreme Court Is Hiding Important Decisions From You

Politico: “As the Supreme Court begins to release its written opinions from its most recent term, much of the public’s attention is focused on high-profile cases on affirmative action, election law and environmental regulation. But according to Stephen Vladeck, a professor at the University of Texas Law School, this narrow focus on the most headline-grabbing… Continue Reading

The Prediction Society: Algorithms and the Problems of Forecasting the Future

MATSUMI, Hideyuki and Solove, Daniel J., The Prediction Society: Algorithms and the Problems of Forecasting the Future (May 19, 2023). Available at SSRN: https://ssrn.com/abstract= “Predictions about the future have been made since the earliest days of humankind, but today, we are living in a brave new world of prediction. Today’s predictions are produced by machine… Continue Reading

Wyden Responds to Harlan Crow, Re Gifts to Clarence Thomas

Follow up to previous posting – Wyden Statement on Harlan Crow Stonewalling Committee Inquiry, May 17, 2023 – Wyden Responds to Harlan Crow, Restates Questions on Gifts to Clarence Thomas. “New Letter to Crow’s Attorney Outlines Committee Jurisdiction and Extensive Legislative and Investigative History on Gift and Estate Taxes and Billionaire Tax Compliance Senate Finance… Continue Reading