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Category Archives: Legal Research

Federal Prosecution Levels Remain at Historic Highs

Transactional Records Access Clearinghouse: “The latest available data from the Justice Department show that during October 2018 the government reported 18,135 new prosecutions, an increase of 6.7 percent over the previous month, and 57.3 percent over this period last year. The increase in federal criminal prosecutions is largely driven by a rise in immigration-related prosecutions… Continue Reading

Law As Source: How the Legal System Facilitates Investigative Journalism

Shapira, Roy, Law As Source: How the Legal System Facilitates Investigative Journalism (November 9, 2018). Yale Law & Policy Review, Vol. 37 (2018, Forthcoming). Available at SSRN: https://ssrn.com/abstract=3281573 “Legal scholars have long recognized that the media plays a key role in assuring the proper functioning of political and business markets. Yet we have understudied the… Continue Reading

Facebook Filed A Patent To Calculate Your Future Location

BussFeedNews: The methods described in three Facebook patent applications use your historical location data — and others’ — to figure out where you’ll go next. “Facebook has filed several patent applications with the US Patent and Trademark Office for technology that uses your location data to predict where you’re going and when you’re going to… Continue Reading

Empirical Legal Research in Europe: Prevalence, Obstacles and Interventions

van Dijck, Gijs and Sverdlov, Shahar and Buck, Gabriela, Empirical Legal Research in Europe: Prevalence, Obstacles and Interventions (November 19, 2018). Erasmus Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3286874 “Empirical legal research (ELR) has become well established in the United States, whereas its popularity in Europe is debatable. This article explores the popularity of ELR… Continue Reading

Ajit Pai’s FCC gives carriers the option to block text messages

Cnet: The agency approves new rules to help phone companies combat spam texts. But opponents have censorship concerns. “The one Democrat on the FCC, Jessica Rosenworcel disagrees. She warned that the FCC is misleading the public about what the new classification will actually do. “Today’s decision offers consumers no new ability to prevent robotexts,” she… Continue Reading

Revealed: Google’s ‘two-tier’ workforce training document

The Guardian – Exclusive: internal document shows how Google employees are trained to treat temps, vendors and contractors “Google staff are instructed not to reward certain workers with perks like T-shirts, invite them to all-hands meetings, or allow them to engage in professional development training, an internal training document seen by the Guardian reveals. The… Continue Reading

Cybersecurity of the Person

Kosseff, Jeff, Cybersecurity of the Person (October 31, 2018). First Amendment Law Review, 2019. Available at SSRN: https://ssrn.com/abstract=3276218 “U.S. cybersecurity law is largely an outgrowth of the early-aughts concerns over identity theft and financial fraud. Cybersecurity laws focus on protecting identifiers such as driver’s licenses and social security numbers, and financial data such as credit… Continue Reading

United States Congressional Web Archive now includes content for 113th and 114th Congresses

LC – In Custodia Legis: “The Library of Congress Web Archiving Program is dedicated to providing reliable access to historical web content from the legislative branch. To that end, the Library has just released an update to the United States Congressional Web Archive. The archive, which includes member sites from the House and Senate, as well as… Continue Reading

Doing Law School Wrong: Case Teaching and an Integrated Legal Practice Method

Marsden, Gregory, Doing Law School Wrong: Case Teaching and an Integrated Legal Practice Method (November 15, 2018). Available at SSRN: https://ssrn.com/abstract=3284875 or http://dx.doi.org/10.2139/ssrn.3284875 “Since its inception, the Langdellian case method has been used to teach legal analysis and reasoning to generations of U.S. law students. For nearly as long, business school students have used their… Continue Reading

Every moment of every day mobile phone apps collect detailed location data

The New York Times – “The millions of dots on the map trace highways, side streets and bike trails — each one following the path of an anonymous cellphone user. One path tracks someone from a home outside Newark to a nearby Planned Parenthood, remaining there for more than an hour. Another represents a person… Continue Reading

Report – Persistent antisemitism hangs over EU

“Antisemitic hate speech, harassment and fear of being recognised as Jewish; these are some of the realities of being Jewish in the EU today. It appears to be getting worse, finds a major repeat survey of Jews from the EU Agency for Fundamental Rights, the largest ever of its kind worldwide. “Decades after the Holocaust,… Continue Reading

Paper – An Unappreciated Constraint on the President’s Pardon Power

Rappaport, Aaron J., An Unappreciated Constraint on the President’s Pardon Power (November 30, 2018). UC Hastings Research Paper. Available at SSRN: https://ssrn.com/abstract=3293411 or http://dx.doi.org/10.2139/ssrn.3293411. [h/t Joe Hodnicki] “Most commentators assume that, except for the few textual limitations mentioned in the U.S. Constitution, the President’s pardon power is effectively unlimited. This paper suggests that this common… Continue Reading