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Category Archives: Courts

Fall and Rise of the Antitrust Class Action

Waller, Spencer Weber, The Fall and Rise of the Antitrust Class Action (August 10, 2015). Available for download at SSRN: http://ssrn.com/abstract=2641867 “Antitrust class actions have narrowed significantly in the United States in recent years but still remain robust compared to aggregate litigation in the rest of the world. While the Supreme Court continues to narrow… Continue Reading

Someone Must Be Lying

Saltzburg, Stephen A., Someone Must Be Lying (2015). 28 Criminal Justice (2015); GWU Law School Public Law Research Paper No. 2015-30; GWU Legal Studies Research Paper No. 2015-30. Available for download at SSRN: http://ssrn.com/abstract=2641149 “There is no rule that governs all cases when determining whether it’s permissible for prosecutors to argue in closing that the… Continue Reading

Federal White Collar Crime Prosecutions At 20 Year Low

“The federal prosecution of individuals charged with white collar crimes is significantly lower than it was 20 years ago, according to thousands of case-by case records analyzed by Syracuse University’s Transactional Records Access Clearinghouse (TRAC). Records obtained under the Freedom of Information Act show that the overall decline began under President Clinton, and indicate that… Continue Reading

New on LLRX – Cut and Paste Opinions: A Turing Test for Judicial Decision-Making

Via LLRX.com – Cut and Paste Opinions: A Turing Test for Judicial Decision-Making  – Ken Strutin argues that cut-and-paste is a laudable method for reducing transcription errors in copying citations and quotations. However, he identifies that a problem arises when it is used to lift verbatim sections of a party’s arguments into a case decision.… Continue Reading

Fewer Banking-Related Federal Civil Lawsuits

Transactional Records Access Clearinghouse: “The latest available data from the federal courts show that during June 2015 the government reported 18 new “banks and banking” civil filings. This number has been trending downward since new filings peaked at 79 during November of 2011. If filings continue at the same pace during the remainder of this… Continue Reading

Representation Makes Fourteen-Fold Difference in Outcome

Transactional Records Access Clearinghouse: “Results in “women with children” cases before the Immigration Court continue to show that the single most important factor determining outcome is whether or not these individuals are represented in their court proceedings.  For the 14,269 cases concluded as of the end of June 2015, the odds of being allowed to… Continue Reading

BP Deep Water Horizon Settlement of 18.7B to states is tax deductible and spread over 18 years

WSJ blog: “BP PLC agreed Thursday to pay $18.7 billion to settle federal and state claims over the 2010 Deepwater Horizon oil spill. The penalty includes the biggest pollution fine in U.S. history. Here’s what you should know…” See also via New York Times –  BP to Pay $18.7 Billion for Deepwater Horizon Oil Spill… Continue Reading

Secret court authorizes continued telephone metadata collection

The Guardian UK: “After a decade in the shadows, a secretive surveillance court that authorises the bulk collection of American telephone records seized on its last chance to show off a little personality on Tuesday [June 30, 2015]. “Plus ça change, plus c’est la même chose, well, at least for 180 days,” wrote judge Michael… Continue Reading

National Initiative for Building Community Trust and Justice

“The National Initiative for Building Community Trust and Justice is designed to improve relationships and increase trust between communities and the criminal justice system. It also aims to advance the public and scholarly understandings of the issues contributing to those relationships. In September 2014, Attorney General Eric Holder announced that the Department of Justice has awarded the National… Continue Reading