Via LLRX – Sexual harassment allegations against New York Gov. Andrew Cuomo, including at least three from current or former aides, are a reminder of just how commonplace unwanted touching, propositioning and other inappropriate behavior is in the workplace. Professor Joseph A. Seiner, research explores the prevalence of toxic work environments – like the one… Continue Reading
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Category Archives: Courts
Failed Courtroom Audio Recording Sparks New Texas Trial
Law360 – “The failure of a courtroom recording device to preserve part of a trial’s testimony led a Texas appeals court to grant an unusual request for a retrial Monday. Texas’ Sixth Court of Appeals said that because a courtroom audio recording device failed to record a “significant” portion of plaintiff Kelly Coplin’s testimony during… Continue Reading
Location data is the new growth market
TechDirt: “Location data is the new growth market. Data harvested from apps is sold to data brokers who, in turn, sell this to whoever’s buying. Lately, the buyers have been a number of government agencies, including the CBP, ICE, DEA, Secret Service, IRS, and — a bit more worryingly — the Defense Department. The mileage… Continue Reading
Digital Justice in 2058: Trusting Our Survival to AI, Quantum and the Rule of Law
Ritter, Jeffrey, Digital Justice in 2058: Trusting Our Survival to AI, Quantum and the Rule of Law (December 22, 2020). 8 J. INT’L & COMPARATIVE LAW __ (2021), Available at SSRN: https://ssrn.com/abstract=3778678 or http://dx.doi.org/10.2139/ssrn.3778678 “As legal scholarship on the interactions among artificial intelligence (AI) and the rule of law advances, quantum computing is rapidly moving… Continue Reading
Proposals to Modify Supreme Court Justices’ Tenure: Legal Considerations
CRS – Proposals to Modify Supreme Court Justices’ Tenure: Legal Considerations, March 24, 2021: “To insulate the federal judiciary from political influence, the Constitution specifies that Supreme Court Justices “shall hold their Offices during good Behaviour.” While the Constitution does not define “good Behaviour,” the prevailing interpretation is that Congress cannot remove Supreme Court Justices… Continue Reading
In ‘Landmark’ Ruling, Court Raises Threshold for Firing Feds
Agencies must do more to prove feds were actually performing poorly, court says in precedent-setting decision. “Federal agencies are now facing new requirements to fire employees thanks to a court ruling that reversed a decades old precedent. In Santos v. NASA, the U.S. Court of Appeals for the Federal Circuit found the space agency failed… Continue Reading
You Know It’s Bad When The Court Decision Has A Table Of Contents: Part Deux
Above The Law -“…In DR Distributors, LLC v. 21 Century Smoking, Inc., originally filed in 2012, two companies that sell electronic cigarettes brought suit and counterclaims alleging, among other things, trademark violations under the Lanham Act. The court’s decision is 256 pages long. Like the Smalls decision 18 months ago, this decision was at times… Continue Reading
Supreme Court Nominations, 1789 to 2020: Actions by the Senate, the Judiciary Committee, and the President
CRS – Supreme Court Nominations, 1789 to 2020:Actions by the Senate, the Judiciary Committee, and the President, Updated February 23, 2021: “The process of appointing Supreme Court Justices has undergone changes over two centuries, but its most basic feature, the sharing of power between the President and Senate, has remained unchanged. To receive a lifetime… Continue Reading
The Three Permissions: Presidential Removal and the Statutory Limits of Agency Independence
The Three Permissions: Presidential Removal and the Statutory Limits of Agency Independence, 121 Columbia Law Review No.1, January 2021. “Seven words stand between the President and the heads of over a dozen “independent agencies”: inefficiency, neglect of duty, and malfeasance in office (INM). The President can remove the heads of these agencies for INM and… Continue Reading
Abortion: Judicial History and Legislative Response
CRS Report – Abortion: Judicial History and Legislative Response, Updated February 8, 2021: “In 1973, the U.S. Supreme Court concluded in Roe v. Wade that the U.S. Constitution protects a woman’s decision to terminate her pregnancy. In a companion decision, Doe v. Bolton, the Court found that a state may not unduly burden the exercise… Continue Reading
NYT Op – Lawyers Enabled Trump’s Worst Abuses
The New York Times Opinion By Sherrilyn A. Ifill – Ms. Ifill is a lawyer and author. She is president and director-counsel of the NAACP Legal Defense and Educational Fund Inc., a civil rights legal organization. “The legal profession must reckon with its complicity in Trump’s attack on democracy. Every day, we learn more about… Continue Reading
Lawsuit Saves Trump White House Records
“The National Security Archive et. al. v. Donald J. Trump et. al. lawsuit, filed December 1, 2020 to prevent a possible bonfire of records in the Rose Garden, achieved a formal litigation hold on White House records that lasted all the way through the transition and Inauguration Day, the preservation of controversial WhatsApp messages, and a formal… Continue Reading
