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Category Archives: Legal Research

When FOIA Goes to Court: 20 Years of Freedom of Information Act Litigation by News Organizations and Reporters

“In 2020, news organizations and individual reporters filed 122 different Freedom of Information Act (FOIA) lawsuits to compel disclosure of federal government records—more than any year on record according to federal court data back to 2001 analyzed by the FOIA Project. In fact, the media alone have filed a total of 386 FOIA cases during… Continue Reading

The Capitol Riot: Documents You Should Read (Part 1)

“The Pentagon’s timeline of its response to the January 6, 2021 mob attack on the U.S. Capitol features multiple discrepancies with the public record, while the first federal indictment of mob participants details the specific legal charges that likely will be brought against others, according to the documents in the National Security Archive’s first “January… Continue Reading

How Amazon manipulates consumers to keep them subscribed to Amazon Prime

Report by Norway’s Consumer Council (NCC) / Forbrukerradet – YOU CAN LOG OUT, BUT YOU CAN NEVER LEAVE: “Executive summary In this report, we show how Amazon makes it unreasonably cumbersome to unsubscribe from the Amazon Prime service. The process of cancelling an Amazon Prime subscription is riddled with a combination of manipulative design techniques,… Continue Reading

How to Hold Social Media Accountable for Undermining Democracy

Harvard Business Review: “The problem with social media isn’t just what users post — it’s what the platforms decide to do with that content. Far from being neutral, social media companies are constantly making decisions about which content to amplify, elevate, and suggest to other users. Given their business model, which promotes scale above all,… Continue Reading

ABA Legal Fact Check updates prior posts on impeachment, perils of frivolous lawsuits

“The American Bar Association has updated ABA Legal Fact Checks on impeachment and the perils of filing frivolous lawsuits to assist reporters and editors working on these timely stories. With the U.S. House of Representatives voting to impeach President Donald J. Trump today for the second time in 13 months, the update on impeachment explores… Continue Reading

Domestic Terrorism and the Attack on the U.S. Capitol

CRS Insight via LC – Domestic Terrorism and the Attack on the U.S. Capitol, January 13, 2021: “On January 6, 2021, a large group of individuals breached the U.S. Capitol security while Congress was in session. Members were voting on whether or not to certify President-Elect Joe Biden’s election victory, and many participants in the… Continue Reading

Impeachable Speech

Katherine Shaw, Impeachable Speech, 70 Emory L. J.1 (2020). Available at: https://scholarlycommons.law.emory.edu/elj/vol70/iss1 “Rhetoric is both an important source of presidential power and a key tool of presidential governance. For at least a century, the bully pulpit has amplified presidential power and authority, with significant consequences for the separation of powers and the constitutional order more… Continue Reading

Compiling the Criminal Charges Following the Capitol Riot

LawFare: “On Jan. 6, a violent mob entered the United States Capitol Building during the congressional certification of President-elect Joe Biden’s victory, forcing lawmakers and congressional staff to flee to safe locations. The rioters arrived at the Capitol Building following a rally on the National Mall where speakers and demonstrated urged Congress to not certify… Continue Reading

The Tyranny of the Pandemic Office

The New Republic: “I read Anderson’s book Private Government: How Employers Rule Our Lives (and Why We Don’t Talk About It) at the beginning of the pandemic. Over the last few months, I kept returning to it as the physical workplace, the book’s primary topic of interest, mutated and then, for many white-collar workers, effectively… Continue Reading

Can Anything Be Done to Rein In the President’s Speech?

The Atlantic – Trump’s words are dangerous, and society must find ways big and small to push back. August 2, 2020 Kate Shaw Professor at the Benjamin N. Cardozo School of Law. “This president doesn’t speak like other presidents, that much is clear. Since taking office in January 2017, President Donald Trump has used the… Continue Reading

Questions to Guide an Investigation of the Capitol Attack

Just Security: “The invasion of the United States Capitol was an entirely predictable event, which makes the wholesale security collapse all the more unconscionable. Threats on social media grew more frequent and specific after President Donald Trump called on his supporters to gather in Washington, D.C., and push Congress to overturn the election results. Somehow… Continue Reading