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Court: FBI’s Secret Rules for Spying on Journalists Can Remain Secret

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FindLaw – “In 2015, the Freedom of the Press Foundation sued the Department of Justice under the Freedom of Information Act in an attempt to force the DOJ to publish its rules for conducting warrantless spying on journalists in the United States. The DOJ responded that it had supplied all of the documentation the Foundation… Continue Reading

6 countries named in revised Trump travel order accounted for more than 650,000 U.S. entries since 2006

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Pew – “The six nations affected by a new executive order that prevents their citizens from obtaining new visas to enter the United States for 90 days accounted for 649,932 legal U.S. entries between fiscal years 2006 and 2015. This group includes visitors, students and diplomats as well as refugees and new lawful permanent residents,… Continue Reading

Judge Neil M. Gorsuch Nominee to be Associate Justice for Supreme Court of the United States

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Senate Judiciary Committee – Judge Neil M. Gorsuch Nominee to be Associate Justice for the Supreme Court of the United States Tuesday, January 31, 2017 Questionnaire & other Nomination Materials – This link will be updated as material is received. Instructions for Media Covering the Hearing “On January 31, 2017, President Donald J. Trump announced… Continue Reading

The Scalia Vacancy in Historical Context: Frequently Asked Questions

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The Scalia Vacancy in Historical Context: Frequently Asked Questions. March 1, 2017 R44773 “The procedure for appointing a Justice to the Supreme Court of the United States is provided for by the Constitution in only a few words. The “Appointments Clause” (Article II, Section 2, clause 2) states that the President “shall nominate, and by… Continue Reading

Privacy, Freedom of Expression, and the Right to Be Forgotten in Europe

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Kulk, Stefan and Zuiderveen Borgesius, Frederik J., Privacy, Freedom of Expression, and the Right to Be Forgotten in Europe (February 25, 2017). Cambridge Handbook of Consumer Privacy, eds. Jules Polonetsky, Omer Tene, and Evan Selinger (Cambridge University Press, 2017). Available at SSRN: https://ssrn.com/abstract=2923722 “In this chapter we discuss the relation between privacy and freedom of… Continue Reading

The Immigration Court’s Institutional Hearing Program: How Will It Be Affected

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“Special Immigration Court hearings under the court’s Institutional Hearing Program (IHP) appear slated for expansion under President Trump. A new directive, signed by Department of Homeland Security Secretary John Kelly on Monday, February 20, 2017 provides that “to the maximum extent possible” removal proceedings be initiated against noncitizens currently “incarcerated in federal, state, and local… Continue Reading

Suits Challenging Confinement of Noncitizens Jump

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“Habeas corpus filings in federal courts challenging the confinement of noncitizens have risen sharply. The latest available data from the federal courts show that during January 2017 the government reported 168 new habeas corpus civil filings by noncitizens. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up… Continue Reading

The Misjudgment of Criminal Responsibility

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Beattey, Robert A. and Fondacaro, J.D., Ph.D., Mark R., The Misjudgment of Criminal Responsibility (February 18, 2017). Beattey, R., & Fondacaro, M.R. The misjudgment of criminal responsibility, Behavioral Sciences & the Law, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2919855 “Generally, a criminal statute must consist of two essential elements: a description of the forbidden act (actus reus)… Continue Reading

Appeals court rules banned assault weapons are designed to kill or disable enemy on battlefield

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Slate – Appeals Court Rules that Second Amendment Doesn’t Protect Right to Assault Weapons: “On Tuesday [February 21, 2017] , the U.S. Court of Appeals for the 4th Circuit ruled that the Second Amendment doesn’t protect assault weapons—an extraordinary decision keenly attuned to the brutal havoc these firearms can wreak. Issued by the court sitting… Continue Reading

Working Without a Net: Supreme Court Decision Making as Performance

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Gedicks, Frederick Mark, Working Without a Net: Supreme Court Decision Making as Performance (February 17, 2017). BYU Law Research Paper No. 17-09. Available at SSRN: https://ssrn.com/abstract=2919682 “A Depression-era Justice once suggested that in constitutional challenges the Supreme Court simply compares government action to the Constitution and decides “whether the latter squares with the former.” Chief… Continue Reading