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Category Archives: Courts

Climate Change and Existing Law: A Survey of Legal Issues Past, Present, and Future

CRS – Climate Change and Existing Law: A Survey of Legal Issues Past, Present, and Future, Robert Meltz, Legislative Attorney, July 2, 2012 “Efforts to mitigate climate change — that is, reduce greenhouse gas (GHG) emissions—have spawned a host of legal issues. The Supreme Court resolved a big one in 2007 — the Clean Air… Continue Reading

Paper – Copyright and Innovation: The Untold Story

Copyright and Innovation: The Untold Story by Michael A. Carrier via SSRN “Copyright has an innovation problem. Judicial decisions, private enforcement, and public dialogue ignore innovation and overemphasize the harms of copyright infringement. Just to pick one example, “piracy,” “theft,” and “rogue websites” were the focus of debate in connection with the PROTECT IP Act… Continue Reading

TRAC: Consumer Credit Lawsuits Up 194% from Five Years Ago

Consumer Credit Civil Filings for May 2012: “The latest available data from the federal courts show that in May of this year there were 890 new consumer credit lawsuits filed, most under the Fair Debt Enforcement Act and Fair Credit Reporting Act. According to the case-by-case civil enforcement information analyzed by the Transactional Records Access… Continue Reading

CRS – Health Care: Constitutional Rights and Legislative Powers

Health Care: Constitutional Rights and Legislative Powers. Kathleen S. Swendiman, Legislative Attorney, July 9, 2012 “The health care reform debate raises many complex issues including those of coverage, accessibility, cost, accountability, and quality of health care. Underlying these policy considerations are issues regarding the status of health care as a constitutional or legal right. This… Continue Reading

Cornel LII – Supreme Court 2011-2012 Term Highlights

Supreme Court 2011-2012 Term Highlights, Prepared by Lilian M. Loh. Edited by Charlotte Schneider. Introduction Federal Preemption State Immigration Enforcement Health Care: Patient Protection and Affordable Care Act First Amendment: Freedom of Expression Fourth Amendment: Search and Seizure Fifth Amendment: Due Process Sixth Amendment: Assistance of Counsel Eighth Amendment: Cruel and Unusual Punishment Antiterrorism and… Continue Reading

N.J. Supreme Court – Records related to cases at public law school clinics are not subject to Open Public Records Act

Chronicle of Higher Education, Peter Schmidt: “The New Jersey State Supreme Court has held that the state’s open-records law does not require a Rutgers University legal clinic to relinquish client files, handing a major victory to higher-education associations, which warned that an inability to maintain attorney-client privilege would badly damage the nation’s public law schools.… Continue Reading

ACA: A Brief Overview of the Law, Implementation, and Legal Challenges

CRS – ACA: A Brief Overview of the Law, Implementation, and Legal Challenges, July 3, 2012 “On June 28, 2012, the Supreme Court issued its decision in National Federation of Independent Business v. Sebelius, finding that the individual mandate is a constitutional exercise of Congress’s authority to levy taxes. However, the Court held that it… Continue Reading

EPIC – 2011 Report: Wiretap Authorizations Decrease

“According to the 2011 Wiretap Report, released by the Administrative Office of the US Courts, federal and state applications for wiretap orders dropped 14 percent in 2011, compared to the number reported in 2010. The reduction in wiretaps resulted primarily from a drop in applications for intercepts in narcotics offenses. In 2011, a total of… Continue Reading

Managing Discovery of Electronic Information: A Pocket Guide for Judges

Managing Discovery of Electronic Information: A Pocket Guide for Judges, Second Edition. Barbara J. Rothstein, Ronald J. Hedges, and Elizabeth C. Wiggins. Federal Judicial Center, 2012 “ESI currently includes e-mail messages, word processing files, web pages, and databases created and stored on computers, magnetic disks (such as computer hard drives), optical disks (such as DVDs… Continue Reading

A Visual Guide to NFIB v. Sebelius

Follow up to The Health Care Law – Government Resources, Commentary and Analysis, see A Visual Guide to NFIB v. Sebelius: Competing Commerce Clause Opinion Lines 1789-2012, Colin P. Starger, University of Baltimore School of Law, June 30, 2012 – Download via SSRN. Though Chief Justice Roberts ultimately provided the fifth vote upholding the Affordable… Continue Reading