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Category Archives: Legal Research

What the Supreme Court’s Vaccine Case Was Really About

Opinion Linda Greenhouse. Jan. 17, 2022: “Halfway through their pained dissent from the Supreme Court’s decision blocking the Biden administration’s workplace Covid vaccine rule, the court’s three liberal justices made a glancing reference to a now-obscure case from 1981, American Textile Manufacturers Institute v. Donovan. It was one of the court’s first efforts to interpret the 1970 law that created the Occupational Safety and Health Administration….That case stands for a time when the Supreme Court was willing to rescue an administrative agency’s authority from the storms of politics. Was that the dissenters’ point in citing it? I don’t know, but what jumped off the page to me was the contrast between how the court behaved in 1981 and what happened last Thursday in National Federation of Independent Business v. Department of Labor, when six justices yielded to politics to disable an agency from carrying out its statutory mission to protect the health and safety of the American work force. That is where we are now. That’s how far the court has fallen…”

Supreme Court overturns OSHA mandate, affects 2/3 of all US workers

Poynter – Al Tompkins: “The quick version of the story is this: A majority of Supreme Court justices ruled that if Congress wishes for the Occupational Safety and Health Administration to be able to require private-sector workers to be vaccinated or undergo testing, then Congress should say so in legislation. Short of that, the court… Continue Reading

Law Journals, Biomedical Journals, and Restraint of Trade

Curfman, Gregory, Law Journals, Biomedical Journals, and Restraint of Trade (November 26, 2021). Available at SSRN: https://ssrn.com/abstract=3972379 or http://dx.doi.org/10.2139/ssrn.3972379 “Scholarly law journals permit manuscripts to be submitted to multiple law journals simultaneously, while scholarly biomedical journals generally require that manuscripts be submitted to a single journal at a time. This article compares and contrasts the… Continue Reading

Climate-Washing Litigation: Legal Liability for Misleading Climate Communications

Climate Social Science Network Research Report 2022:1: Climate-Washing Litigation Legal Liability for Misleading Climate Communications. January 13, 2022: “This research report aims to enhance the legal community’s understanding of climate-related ‘greenwashing’ litigation. The report analyses this type of litigation, which can also be described as ‘climate-washing’ litigation, by examining key cases and developments, particularly cases… Continue Reading

Browsing: Russ Kick Collection

The Black Vault: “These records were provided by the family of anthologist and transparency activist Russ Kick, from his papers, facilitated by the generous assistance of Dr. Susan Maret. This is not a complete collection set of his papers, but rather, a selection of items sent to The Black Vault for digital preservation. Biography –… Continue Reading

New Series of CRS Reports on Constitutional Analysis adds additional reports

Follow up to previous posting – New Series of CRS Reports on Constitutional Analysis, The Modes of Constitutional Analysis Parts 1-5 have expanded to include Parts 6-8. The Modes of Constitutional Analysis: Moral Reasoning and the National Ethos (Part 6), Brandon J. Murrill, Jan 13, 2022 The Modes of Constitutional Analysis: Structuralism (Part 7), Brandon… Continue Reading

The true cost of Amazon’s low prices

Vox/Recode: “On the heels of yet another year of record sales, Amazon is dealing with a couple of unwelcome updates in the new year. The Senate Judiciary Committee has announced it will soon be marking up the American Innovation and Choice Online Act, an antitrust bill targeting Amazon and other Big Tech companies. This follows… Continue Reading

The Overreach of Limits on “Legal Advice”

Yale Law Journal, Vol 131, 2021-22. The Overreach of Limits on “Legal Advice” 03 Jan 2022 Lauren Sudeall: “Nonlawyers, including court personnel, are typically prohibited from providing legal advice. But definitions of “legal advice” are unnecessarily broad, creating confusion, disadvantaging self-represented litigants, and possibly raising due-process concerns. This Essay argues for a narrower, more explicit… Continue Reading

Leader of Oath Keepers and 10 Other Individuals Indicted in Federal Court

DOJ: Seditious Conspiracy and Other Offenses Related to U.S. Capitol Breach – Eight Others Facing Charges in Two Related Cases – “A federal grand jury in the District of Columbia returned an indictment yesterday, which was unsealed today [Download U.S v. Crowl et al.; Download U.S. v. Rhodes et al.; Download U.S. v. Walden] charging… Continue Reading

Energy Department to announce Clean Energy Corps, hire 1,000 staffers to work on climate change

Washington Post: “…“It’s truly a remarkable time to be at the Department of Energy as we set off to implement the historic $62 billion in clean energy investments from the President’s Bipartisan Infrastructure Law,” said Secretary of Energy Jennifer Granholm. “The launch of our Clean Energy Corps is the latest definitive step along our path… Continue Reading

Law Enforcement and Technology: Using Social Media

CRS Report – Law Enforcement and Technology: Using Social Media, January 11, 2022: “As the ways in which individuals interact continue to evolve, social media has had an increasing role in facilitating communication and the sharing of content online—including moderated and unmoderated, user-generated content. Over 70% of U.S. adults are estimated to have used social… Continue Reading

Assessing Heinonline as a Source of Scholarly Impact Metrics

Wallace, Karen L. and Lutkenhaus, Rebecca and Hanson, David B., Assessing Heinonline as a Source of Scholarly Impact Metrics (December 1, 2021). Available at SSRN: https://ssrn.com/abstract=3974109 or http://dx.doi.org/10.2139/ssrn.3974109 “After the February 2019 U.S. News & World Report announcement of a planned law school scholarly impact ranking based on HeinOnline data, law schools accelerated efforts to… Continue Reading