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Category Archives: Courts

Can a President Amend Regulations by Executive Order?

Can a President Amend Regulations by Executive Order?, CRS Legal Sidebar, July 18, 2018. “An executive order signed by President Trump on July 10, 2018, raises the question of whether a President—with the stroke of a pen—can amend federal rules codified in the Code of Federal Regulations (CFR). In Executive Order 13843, the President changed the… Continue Reading

Court Vacates Injunction Against Publishing the Law

EFF – Win for Public Right to Know: Court Vacates Injunction Against Publishing the Law – Industry Groups Want to Control Access to Legal Rules and Regulation: “San Francisco – A federal appeals court today ruled that industry groups cannot control publication of binding laws and standards. This decision protects the work of Public.Resource.org (PRO),… Continue Reading

Justice Anthony Kennedy: His Jurisprudence and the Future of the Court

CRS report via FAS: Justice Anthony Kennedy: His Jurisprudence and the Future of the Court, Andrew Nolan, Section Research Manager; Kevin M. Lewis, Legislative Attorney; Valerie C. Brannon, Legislative Attorney. July 11, 2018. “On June 27, 2018, Justice Anthony M. Kennedy announced that, effective July 31, 2018, he would retire from active service as an… Continue Reading

Who Interprets Foreign Law in U.S. Federal Courts

CRS report via FAS – Who Interprets Foreign Law in U.S. Federal Courts? Stephen P. Mulligan, Legislative Attorney. July 9, 2018. “Federal courts are frequently called upon to evaluate foreign law in a variety of contexts—from routine breach of contract and tort claims to complex cases implicating the judicial branch’s role in international affairs. In… Continue Reading

CRS – President Trump Nominates Judge Brett Kavanaugh: Initial Observations

CRS Legal Sidebar – President Trump Nominates Judge Brett Kavanaugh: Initial Observations, Andrew Nolan, Section Research Manager. July 10, 2018. “On July 9, 2019, President Trump announced the nomination of Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) to fill the impending vacancy on the… Continue Reading

How Kavanaugh compares to other SCOTUS nominations close to elections

Axios: “How Kavanaugh compares to other SCOTUS nominations close to elections. President Trump’s nomination of Brett Kavanaugh to fill the seat of Justice Anthony Kennedy comes just 120 days before the 2018 midterm election. The big picture: There have been five other cases since 1950 when seats have opened within 150 days of a midterm… Continue Reading

Doing User Research in the Courts on the Future of Access to Justice

Legal Design Lab: “Over the past quarter, the Stanford Legal Design Lab has established a regular on-site civic user testing group at the California courts. Through a policy lab class, Community-Led System Design Practice, our team of five students, teachers, and fellows has developed a user testing protocol for people working on justice innovation. It is particularly aimed… Continue Reading

Mueller asks court for 100 more blank subpoenas ahead of Manafort trial

The Hill: “Special counsel Robert Mueller is asking a federal court in Virginia for 100 blank subpoenas in the case against former Trump campaign chairman Paul Manafort.  The request was made in a filing on Wednesday. The subpoenas would require their recipients to testify in the U.S. District Court in Alexandria on July 25, when… Continue Reading

How Brett Kavanaugh Could Reshape Environmental Law From the Supreme Court

The New York Times: “Long before President Trump nominated him for the Supreme Court on Monday, Judge Brett M. Kavanaugh had already made a name for himself as an influential conservative critic of sweeping environmental regulations. During his 12 years on the United States Court of Appeals for the District of Columbia Circuit, often regarded… Continue Reading

SCOTUSBlog – Live blog of nomination with First Mondays

Andrew Hamm on Jul 9, 2018 at 7:45 pm – “We live-blogged with First Mondays as President Donald Trump nominated Judge Brett Kavanaugh to replace Justice Anthony Kennedy on the Supreme Court. The transcript is available below and at this link.” The New York Times – Kavanaugh Is Nominee for Supreme Court Confirmation Would Create Conservative… Continue Reading

Law Review Article – Carpenter v. United States: Big Data is Different

Carpenter v. United States, 585 U.S. ___ (2018) (Roberts, C.J.). Response by Margot E. Kaminski Geo. Wash. L. Rev. On the Docket (Oct. Term 2017) Slip Opinion | SCOTUSblog “A central truism of U.S. privacy law is that if you share information, you do not have an expectation of privacy in it. This reasoning runs through… Continue Reading