Gruber, Aya and Cohen, Amy J. and Mogulescu, Kate, Penal Welfare and the New Human Trafficking Intervention Courts (May 6, 2016). Florida Law Review, Forthcoming. Available for download at SSRN: http://ssrn.com/abstract=2776870 “In the fall of 2013, New York State’s chief judge, Jonathan Lippman, announced a “revolutionary” statewide initiative to create and implement Human Trafficking Intervention… Continue Reading
Accurate, Focused Research on Law, Technology and Knowledge Discovery Since 2002
Category Archives: Courts
The Post-Riley Search Warrant: Search Protocols and Particularity in Cell Phone Searches
The Post-Riley Search Warrant: Search Protocols and Particularity in Cell Phone Searches, Adam M. Gershowitz · Apr-19-2016 · 69 Vand. L. Rev. 585 (2016) “Last year, in Riley v. California, the Supreme Court required police to procure a warrant before searching a cell phone. Unfortunately, the Court’s assumption that requiring search warrants would be “simple”… Continue Reading
The Fourth Amendment in the Information Age
Robert S. Litt, The Fourth Amendment in the Information Age, 126 YALE L.J. F. 8 (2016), http://www.yalelawjournal.org/forum/fourth-amendment-information-age. “To badly mangle Marx, a specter is haunting Fourth Amendment law—the specter of technological change. In a number of recent cases, in a number of different contexts, courts have questioned whether existing Fourth Amendment doctrine, developed in an… Continue Reading
Empirical Analyses of Judicial Opinions: Methodology, Metrics and the Federal Circuit
Rantanen, Jason, Empirical Analyses of Judicial Opinions: Methodology, Metrics and the Federal Circuit (May 3, 2016). Connecticut Law Review, Forthcoming. Available at SSRN: http://ssrn.com/abstract=2774307 “Despite the popularity of empirical studies of the Federal Circuit’s patent law decisions, a comprehensive picture of those decisions has only recently begun to emerge. Historically, the literature has largely consisted… Continue Reading
Judge Merrick Garland: His Jurisprudence and Potential Impact on the Supreme Court
CRS Report via FAS – Judge Merrick Garland: His Jurisprudence and Potential Impact on the Supreme Court. Andrew Nolan, Coordinator, Legislative Attorney; Kate M. Manuel, Coordinator, Legislative Attorney; Brandon J. Murrill, Coordinator, Legislative Attorney. April 27, 2016. “On March 16, 2016, President Obama nominated Judge Merrick Garland of the U.S. Court of Appeals for the… Continue Reading
New on LLRX – Evolutions in DNA Forensics
Via LLRX.com – Evolutions in DNA Forensics – Criminal law expert Ken Strutin’s new article is yet another research tour de force – a collection of recent and notable developments concerning DNA as forensic science, metric of guilt, herald of innocence, and its emerging place in the debate over privacy and surveillance. The increasing use… Continue Reading
FISA Court did not reject any warrant requests in 2015
Via ZDNet: “A secret court that oversees the US government’s surveillance requests accepted every warrant that was submitted last year, according to new figures. The Washington DC.-based Foreign Intelligence Surveillance Court received 1,457 requests from the National Security Agency and the Federal Bureau of Investigation to intercept phone calls and emails. In long-standing fashion, the… Continue Reading
Supreme Court expands surveillance powers of intelligence agency
Via The Intercept: “The Supreme Court on approved [April 28, 2016] changes that would make it easier for the FBI to hack into computers, including those belonging to victims of cybercrime. The changes will take effect in December, unless Congress adopts competing legislation. Previously, under the federal rules on criminal procedures, a magistrate judge couldn’t… Continue Reading
GAO Reports – Defense Health Care, Indian Health Service, SEC InfoSec, Missile Defense, Public Transit, Veterans Justice, F-35 Joint Strike Fighter
Defense Health Care: DOD Is Meeting Most Mental Health Care Access Standards, but It Needs a Standard for Follow-up Appointments, GAO-16-416: Published: Apr 28, 2016. Publicly Released: Apr 28, 2016. Indian Health Service: Actions Needed to Improve Oversight of Patient Wait Times, GAO-16-333: Published: Mar 29, 2016. Publicly Released: Apr 28, 2016. Information Security: Opportunities… Continue Reading
Prosecutorial Analytics
Kreag, Jason, Prosecutorial Analytics (April 12, 2016). Washington University Law Review (2017) Forthcoming; Arizona Legal Studies Discussion Paper No. 16-10. Available for download at SSRN: http://ssrn.com/abstract=2764399 “The institution of the prosecutor has more power than any other in the criminal justice system. What is more, prosecutorial power is often unreviewable as a result of limited… Continue Reading
Conviction by Prior Impeachment
Roberts, Anna, Conviction by Prior Impeachment (April 22, 2016). Boston University Law Review, Forthcoming (2016). Available for download at SSRN: http://ssrn.com/abstract=2768951 “Impeaching the testimony of criminal defendants through the use of their prior convictions is a practice that is triply flawed: it relies on assumptions belied by data; it has devastating impacts on individual trials;… Continue Reading
Public Advocate Appointed by FISA Court Declares PRISM Surveillance Unconstitutional
TechDirt: “On [April 19, 2016], the Office of the Director of National Intelligence released some redacted versions of three previously secret FISA Court rulings. There are a few interesting things in them, but one notable point, found in a ruling from last November regarding the NSA’s 702 PRISM program, is that the FISC took advantage… Continue Reading
