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Category Archives: Courts

Congress’s Contempt Power and the Enforcement of Congressional Subpoenas

CRS report – Congress’s Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure Todd Garvey Legislative Attorney, May 12, 2017. “Congress’s contempt power is the means by which Congress responds to certain acts that in its view obstruct the legislative process. Contempt may be used either to coerce compliance, to punish… Continue Reading

John Paul Stevens looks back on nearly a century of life and law but worries about the future

Washington Post – “John Paul Stevens spent more than a third of his near-century on Earth at the Supreme Court, where he often was on a different page from a majority of his fellow justices. “It happens so often that you have to get used to losing,” Stevens, 99, said during an interview this last… Continue Reading

CRS – Impeachment and Removal

CRS report – Impeachment and Removal, Jared P. Cole, Legislative Attorney; Todd Garvey, Legislative Attorney. October 29, 2015. “The impeachment process provides a mechanism for removal of the President, Vice President, and other “civil Officers of the United States” found to have engaged in “treason, bribery, or other high crimes and misdemeanors.” The Constitution places… Continue Reading

District Judge, DC – Congressional Democrats’ emoluments lawsuit targeting President Trump’s private business can proceed

Washington Post – “Democrats in Congress can move ahead with their lawsuit against President Trump alleging that his private business violates the Constitution’s ban on gifts or payments from foreign governments, a federal judge ruled Tuesday. The decision in Washington from U.S. District Judge Emmet G. Sullivan adopted a broad definition of the anti-corruption ban… Continue Reading

How to Argue with an Algorithm: Lessons from the COMPAS ProPublica Debate

Washington, Anne, How to Argue with an Algorithm: Lessons from the COMPAS ProPublica Debate (February 4, 2019). Accepted for publication. The Colorado Technology Law Journal. Volume 17 Issue 1 http://ctlj.colorado.edu. Available at SSRN: https://ssrn.com/abstract=3357874 “The United States optimizes the efficiency of its growing criminal justice system with algorithms however, legal scholars have overlooked how to… Continue Reading

Report on Algorithmic Risk Assessment Tools in the U.S. Criminal Justice System

“This report was written by the staff of the Partnership on AI (PAI) and many of our Partner organizations, with particularly extensive input from the members of PAI’s Fairness, Transparency, and Accountability Working Group. Our work on this topic was initially prompted by California’s Senate Bill 10 (S.B. 10), which would mandate the purchase and… Continue Reading

New Site Is Comprehensive Resource for Federal and State Jury Instructions

LawSites – “A new website, Trialdex, is a comprehensive resource for finding and comparing federal and state jury instructions. Formally launched yesterday, the site provides a searchable collection all official or quasi-official federal civil and criminal instructions and annotations, as well as an index of 20,000 legal terms, statutes, CFRs and Supreme Court cases referenced… Continue Reading

Lawyers, law students’ signatures needed for SCOTUS amicus brief in favor of publishing the law

BoingBoing: “Attentive reader will note that rogue archivist Carl Malamud (previously) published the laws of Georgia — including the paywalled annotations to the state laws — in 2015, prompting the state to sue him and literally call him a terrorist; Malamud countersued in 2015 and won a huge victory in 2018, when the US Court… Continue Reading

Court Says Using Chalk On Tires For Parking Enforcement Violates Constitution

Wow – via NPR – “The next time parking enforcement officers use chalk to mark your tires, they might be acting unconstitutionally. A federal appeals court ruled Monday that “chalking” is a violation of the Fourth Amendment. The case was brought by Alison Taylor, a Michigan woman whom the court describes as a “frequent recipient… Continue Reading