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Category Archives: Courts

NYT – How Computers Turned Gerrymandering Into a Science

New York Times Sunday Review – “About as many Democrats live in Wisconsin as Republicans do. But you wouldn’t know it from the Wisconsin State Assembly, where Republicans hold 65 percent of the seats, a bigger majority than Republican legislators enjoy in conservative states like Texas and Kentucky. The United States Supreme Court is trying… Continue Reading

Revised Treatment of Transgender Employment Discrimination Claims Under Title VII of Civil Rights Act of 1964

October 4, 2017 MEMORANDUM TO: UNITED STATES ATTORNEYS, HEADS OF DEPARTMENT COMPONENTS, FROM: THE ATTORNEY GENERAL [Sessions]: “Title VII of the Civil Rights Act of 1964 makes it unlawful for employers to discriminate in the employment of an individual “because of such individual’s…sex.” 42 U.S.C. 2000e-2(a) (prohibiting discrimination by private employers and by state and… Continue Reading

Overview of the Federal Government’s Power to Exclude Aliens

CRS report via FAS – Overview of the Federal Government’s Power to Exclude Aliens, Ben Harrington, Legislative Attorney. September 27, 2017. “The Supreme Court has determined that inherent principles of sovereignty give Congress“ plenary power” to regulate immigration. The core of this power—the part that has proven most impervious to judicial review—is the authority to… Continue Reading

Select Demographic and Other Characteristics of Recent U.S. Circuit and District Court Nominees

CRS Insight, August 17, 2017: “This Insight provides information related to select demographic and other characteristics of U.S. circuit and district court nominees whose nominations were submitted to the Senate by President Trump prior to August 1, 2017. President Trump submitted a total of 26 nominations prior to this date. The select demographic and other… Continue Reading

Patent Law: A Primer and Overview of Emerging Issues

CRS report via FAS – Patent Law: A Primer and Overview of Emerging Issues, September 21, 2017 “In an increase over prior terms, the Supreme Court of the United States issued six opinions involving patent law during its October 2016 Term. These decisions addressed issues ranging from patent exhaustion, multi component products, and bio similar… Continue Reading

Domestic Terrorism Prosecutions Outnumber International

Transactional Records Access Clearinghouse: “While terrorism prosecutions involving extremists affiliated with ISIS grab the headlines, international terrorists make up only a small proportion of all terrorism prosecutions that take place each year in the United States. The latest available data from the Justice Department show that during the first eleven months of FY 2017 less… Continue Reading

Appellate court rules tracking cellphones without a warrant unconstitutional

Washington Examiner: “The D.C. Court of Appeals ruled on Thursday [September 21, 2017] that it is unconstitutional for law enforcement to use certain technologies that allow the tracking of a suspect’s cellular phone without a warrant. The ruling reversed a decision of the Superior Court of the District of Columbia that allowed police to use… Continue Reading

Court upholds Illinois biometrics law on use of facial scans

Fortune – “A federal judge this week delivered a key victory for customers who claim the digital scrapbook company Shutterfly violated their privacy by collecting scans of their faces without permission. In a 19-page opinion, U.S. District Judge Joan Gottschall rejected Shutterfly’s argument that an Illinois state law, which restricts how companies can use biometric… Continue Reading

Constitutional Cost of Fees for Access to Electronic Public Court Records

Schultze, Stephen, The Price of Ignorance: The Constitutional Cost of Fees for Access to Electronic Public Court Records (August 25, 2017). Georgetown Law Journal, Vol. 106, No. 4, 2018. Available at SSRN: https://ssrn.com/abstract=3026779 “The United States federal judiciary maintains a system called PACER, “Public Access to Court Electronic Records.” PACER is the public gateway into… Continue Reading