Politico: “Justice Samuel Alito’s draft opinion, which would overturn Roe v. Wade, wages a frontal assault on the reasoning of the landmark 1973 opinion that found a federal constitutional right to abortion. Alito’s draft is labeled as a proposed majority opinion, though the wording of the court’s ultimate ruling and the line-up of justices who… Continue Reading
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Category Archives: Courts
Citizens’ Images of Potential War Crimes in Ukraine Flood the Internet, but Might Not Hold Up in Court
WSJ – Open-source data offers a trove of possible evidence, but it is untested at the International Criminal Court – “Each morning as he sips his coffee, Giancarlo Fiorella opens Telegram, a social-media app popular in Ukraine, and starts scanning for videos of potential war crimes—attacks on schools, or use of cluster munitions. When he… Continue Reading
The Holy Morality of the Supreme Court’s Most Sympathetic Plaintiffs
Slate: “A few months ago, professor Katherine Franke suggested, in a conversation on my podcast Amicus, that the current Supreme Court seems to be working its way toward what she called a “tiered” system of constitutional rights, one that would, in any conflict arising between the two, almost unerringly privilege religious liberty over every other… Continue Reading
The Dignitary Confrontation Clause
The Dignitary Confrontation Clause, March 01, 2022 | 97 Wash. L. Rev. 207. Erin Sheley Abstract: For seventeen years, the Supreme Court’s Confrontation Clause jurisprudence has been confused and confusing. In Crawford v. Washington (2004), the Court overruled prior precedent and held that “testimonial” out-of-court statements could not be admitted at trial unless the defendant had… Continue Reading
Disability as Metaphor in American Law
Dorfman, Doron, Disability as Metaphor in American Law (April 26, 2022). University of Pennsylvania Law Review, Forthcoming, Available at SSRN “In recent decades, the term disability has become associated with a legally protected minority group of people living with impairments and the social oppression that stems from them. Yet in the legal realm the term… Continue Reading
Web scraping is legal, US appeals court reaffirms
TechCrunch: “Good news for archivists, academics, researchers and journalists: Scraping publicly accessible data is legal, according to a U.S. appeals court ruling. The landmark ruling by the U.S. Ninth Circuit of Appeals is the latest in a long-running legal battle brought by LinkedIn aimed at stopping a rival company from web scraping personal information from… Continue Reading
Maryland Gives Up on Its Library E-book Law
Publishers Weekly: “Maryland’s library e-book law is effectively dead. In a court filing this week, Maryland Attorney General Brian E. Frosh said the state would present no new evidence in a legal challenge filed by the Association of American Publishers, allowing the court’s recently issued preliminary injunction blocking the law to stand, and paving the… Continue Reading
Here’s what the ICC can actually do about Putin’s war crimes
Vox – The ICC may offer a path to hold Russia accountable, but it has plenty of limitations “… The bombing of a train station in Ukraine where many were gathered to evacuate. The murder of countless civilians in Bucha and other areas. As evidence of Russian atrocities against Ukraine builds, so do calls to… Continue Reading
A Code of Conduct for the Supreme Court? Legal Questions and Considerations
CRS Legal Sidebar: A Code of Conduct for the Supreme Court? Legal Questions and Considerations Updated April 6, 2022: “The Code of Conduct for United States Judges (the Code) is a set of ethical canons that the Judicial Conference of the United States (Judicial Conference) has adopted to promote public confidence in the integrity, independence,… Continue Reading
The Abortion Underground
The Atlantic – A covert network of activists is preparing for a post-Roe future. “…For many Americans, Roe already feels meaningless. Nearly 90 percent of U.S. counties lack a clinic that offers abortions. States have passed more than 1,300 restrictions on abortion since it was made a constitutional right; for people struggling to get by,… Continue Reading
Intelligent Legal Tech to Empower Self-Represented Litigants
Schmitz, Amy J. and Zeleznikow, John, Intelligent Legal Tech to Empower Self-Represented Litigants (March 2, 2022). Ohio State Legal Studies Research Paper No. 688, 23 COLUMBIA SCIENCE AND TECHNOLOGY LAW REVIEW 142-190 (2022) at https://journals.library.columbia.edu/index.php/stlr/article/view/9391/4800, Available at SSRN: https://ssrn.com/abstract=4048335 or http://dx.doi.org/10.2139/ssrn.4048335 “Legal technologies, or “legal tech,” are disrupting the practice of law and providing efficiencies… Continue Reading
Restoring the Rule of Law through Department of Justice Reform
Finkelstein, Claire and Painter, Richard W., Restoring the Rule of Law through Department of Justice Reform (February 16, 2022). In Overcoming Trumpery: How to Restore Ethics, the Rule of Law, and Democracy (Norman Eisen ed., Brookings 2022), U of Penn Law School, Public Law Research Paper No. 22-21, Available at SSRN: https://ssrn.com/abstract=4036891 or http://dx.doi.org/10.2139/ssrn.4036891 “As… Continue Reading
