Category Archives: Legal Research

Super Size It: Justia Weekly Writers’ Picks, June 27, 2014

New York Statewide Coalition of Hispanic Chambers of Commerce v. New York City Dep’t of Health & Mental Hygiene, New York COA, (6/26/14) In 2012, in an effort to combat obesity among residents of New York City, the New York City Board of Health amended the City Health Code so as to restrict the size of cups and containers used

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

Rails-to-No-Trails – Justia Weekly Writers’ Picks – March 14, 2014

Marvin M. Brandt Revocable Trust v. United States, United States Supreme Court (3/10/14) Real Estate & Property Law, Transportation Law, Zoning, Planning & Land Use The General Railroad Right-of-Way Act of 1875 provides railroad companies “right[s] of way through the public lands of the United States,” 43 U.S.C. 934. One such right of way, created in 1908, crosses land that

Oklahoma – It’s “Official”

HT to Professor Peter Martin who posts in his blog, Citing Legally, the news that, as of January 1, 2014, “sixty years after the Oklahoma Supreme Court designated the West Publishing Company as the ‘official publisher’ of its decisions, it [has] revoked that designation.”  Going forward, the electronic versions of Oklahoma appellate court decisions rendered after January 1st and posted

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,

Justia Weekly Writers’ Picks

MaineToday Media, Inc. v. State, Maine Supreme Court (11/14/13) Civil Rights, Constitutional Law, Criminal Law This case involved three Enhanced 9-1-1 (E-9-1-1) calls regarding an altercation that resulted in three people being shot. MaineToday Media, Inc. sent a series of requests to inspect and copy the three transcripts to the police department, state police, attorney general, and others. The State

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.

Justia’s Weekly Writers’ Picks

Stanton v. Sims, United States Supreme Court (11/4/13) Civil Rights, Constitutional Law, Criminal Law Officer Stanton and his partner responded to a call about a disturbance involving a person with a baseball bat. Stanton was familiar with the LaMesa neighborhood, known for gang violence. The officers, wearing uniforms and driving a marked police vehicle, approached the location and noticed men