December 19, 2016 – Louise Chappell “The Rome Statute of the International Criminal Court provides the most advanced articulation ever of gender justice under international law. In designing this aspect of the Rome Statute, states were influenced by the Women’s Caucus for Gender Justice, a dynamic international feminist advocacy network who used the creation of… Continue Reading
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Category Archives: Courts
Risk and Anxiety: A Theory of Data Breach Harms
Solove, Daniel J. and Citron, Danielle Keats, Risk and Anxiety: A Theory of Data Breach Harms (December 14, 2016). Available for download at SSRN: https://ssrn.com/abstract=2885638 “In lawsuits about data breaches, the issue of harm has confounded courts. Harm is central to whether plaintiffs have standing to sue in federal court and whether their claims are… Continue Reading
A General Approach for Predicting the Behavior of the Supreme Court of the United States
Katz, Daniel Martin and Bommarito, Michael James and Blackman, Josh, A General Approach for Predicting the Behavior of the Supreme Court of the United States (December 10, 2016). Available for download at SSRN: https://ssrn.com/abstract=2463244 or http://dx.doi.org/10.2139/ssrn.2463244 “Building on developments in machine learning and prior work in the science of judicial prediction, we construct a model… Continue Reading
Asylum Outcome Increasingly Depends on Judge Assigned
Transactional Records Access Clearinghouse: “The outcome for asylum seekers has become increasingly dependent upon the identity of the immigration judge assigned to hear their case. While judge-to-judge decision disparities have long existed, a detailed comparison of asylum decisions handed down by judges sitting on the same Immigration Court bench showed that differences in judge denial… Continue Reading
The New Era of Secret Law
Brennan Center for Justice – New Report: “Secret Law” Governs Key Aspects of National Security Policy – “At least 74 opinions, memoranda, and letters issued by the Justice Department’s Office of Legal Counsel (OLC) between 2002 and 2009 on core post-9/11 national security topics, including intelligence activities and the detention and interrogation of terrorist suspects,… Continue Reading
Paper – Equitable Defenses in the Age of Statutes
Anenson, T. Leigh, Equitable Defenses in the Age of Statutes (November 6, 2016). Available at SSRN: https://ssrn.com/abstract=2877457 “The Supreme Court’s pending decision in SGA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, is the most recent in a series of cases struggling with the same issue: What is the scope and content of equitable… Continue Reading
Sunlight Foundation tracking Trump conflicts of interest
“Sunlight and the public are still waiting for answers on what open government will look like in the White House of President-Elect Donald J. Trump. What we do know is that the president-elect has not only failed to set up a true blind trust for his assets, but in the weeks since Election Day has… Continue Reading
Immigration Now 52 Percent of All Federal Criminal Prosecutions
Transactional Records Access Clearinghouse: “Immigration remains the major focus of all federal criminal enforcement efforts. The latest available data show that criminal prosecutions for illegal entry, illegal re-entry, and similar immigration violations made up 52 percent of all federal prosecutions in FY 2016. During the 12 months ending September 30, immigration prosecutions totaled 69,636. This… Continue Reading
Campus Speech and Harassment
Tsesis, Alexander, Campus Speech and Harassment (November 23, 2016). Minnesota Law Review, Vol. 101, 2017. Available for download at SSRN: https://ssrn.com/abstract=2874919 “A theoretical question that runs through the debate on the constitutionality of campus speech codes asks whether free speech values are best preserved by categorical rules or balancing factors. Whether campus codes are constitutional… Continue Reading
Copyright Infringement Litigation Fell 22 Percent in FY 2016
“New federal lawsuits over issues of copyright infringement fell 22 percent last year. Case-by-case court records compiled and analyzed by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University found a total of 3,944 new federal copyright infringement cases were filed in the U.S. District Courts during fiscal year 2016. This is down from the… Continue Reading
Amazon sues resellers of counterfeit goods
WSJ – “Amazon.com Inc. this week filed lawsuits targeting sellers allegedly listing counterfeit goods on its website, publicly cracking down on an issue that has caused increasing friction. The two lawsuits, Amazon’s first legal challenge against its third-party sellers for bogus products, pertain to fake versions of the Forearm Forklift, a strap system that allows… Continue Reading
Immigration Court – Backlog Now at 521,676 Cases
Transactional Records Access Clearinghouse: “The latest Immigration Court data show the growth in the court’s crushing backlog of cases continued through the first month of FY 2017. During the month of October, the court’s backlog rose by 5,645 cases, and reached 521,676. In California, the backlog rose to a total of 95,801 cases as of… Continue Reading
