EME Homer and the Problem with the U.S. Supreme Court’s Electronic Publishing

By now, you’ve all read that Justice Antonin Scalia made a series of mistakes in the dissenting opinion of EPA v. EME Homer City Generation, L.P. The Supreme Court issued a corrected version of the opinion on its website. For more on the story, read the coverage in the WSJ Law Blog, the Volokh Conspiracy, or SCOTUSBlog. They’ll give you

Courthouse News Wins First Amendment Case for Access to Court Records

Courthouse News Service won a ruling in the Ninth Circuit recently for access to court filings. CNS went to federal court last year to challenge the Ventura County Superior Court policy of delaying the release of court opinions.  A U.S. district court judge dismissed the case, finding that it was not a First Amendment issue, but a claim that involved

Should Arbitration Dockets in Public Courts be Public?

Delaware Courts of Chancery appealed to the U.S. Supreme Court recently, seeking to validate a law that would allow them to hold confidential arbitration proceedings for parties with $1M litigation at stake. Professor Judith Resnik wrote about this in the NYT Op-Ed pages,  “Renting Judges for Secret Rulings.” On appeal is the question whether this arbitration process, established by the

More PACER Drama

Ohhhhh PACER. I’m a little bit behind on complaining about it, so here’s the executive summary to catch everyone up: One month after they celebrated 25 years of PACER, the whole thing went down, twice in one week. In case you missed it, the Administrative Office of Courts issued a statement in December celebrating the twenty five year anniversary of

New Best Practices for Open Government Data

Josh Tauberer recently announced the release of “Open Government Data: Best Practices Language for Making Data ‘License Free.’ That document sets forth recommendations for federal agencies issuing data, and sample Creative Commons Zero (public domain) licensing statements. In the memorandum, Mr. Tauberer and his colleagues discuss how open licensing protocols can be applied by various federal government authors—agencies in house,

FDSys Opinion Coverage Increases, But Is Still Lacking

The Administrative Office of the Courts announced yesterday that FDSys will now include opinions from 64 federal courts.  The program to integrate federal court opinions into FDSys began in 2011.  In 2011, they added opinions from 12 courts. In 2012, they increased that number to 28 courts.  In February of this year, they announced that they were expanding the program.

California To Privatize Court Docketing Systems

Courthouse News reported this week on the “land grab” in California’s local court systems. When the courts announced last year that they were killing the CCMS (California Case Management System), vendors pounced on the opportunity to provide contracted solutions in its place. CCMS was a project started by the California courts over ten years ago. It was intended to link

Docket for Unsealed Lavabit Filings

The Fourth Circuit Court of Appeals recently unsealed the documents in the FBI action against Lavabit, Inc – Edward Snowden’s email provider. In July of 2013, the FBI sought a search warrant in the Eastern District of Virginia. Rather than turn over the encryption key that would allow the government to read the emails that Snowden sent, and risking exposure

Detroit Bankruptcy Filings

The City of Detroit filed for Bankruptcy protection last week. It is the largest municipality in the US to seek such relief. Justia is collecting the documents filed in the case and posting them here. For more information on the news story, check out the Detroit Free Press Coverage.

FISA Court: Updates to the Public Docket and More

The US Government  responded yesterday to the FISC’s order to conduct a declassification review in the Yahoo case. Their response asks for 45 and 60 days to complete the full review. They cite the need for interagency coordination, the volume and type of materials, and multiple FOIA requests in support of this request. In the Microsoft and Google cases, the