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12 Jan 2023, 8:40 am
Copyright Office decision that found artificial intelligence systems are not entitled to copyright protection for the works that they create. [read post]
12 Jan 2023, 7:00 am
He faults judicial decisions like that in Myriad for “undermining American innovation and allowing foreign adversaries like China to overtake us in key technology innovations. [read post]
12 Jan 2023, 6:07 am
Court of Appeals for the Federal Circuit. [read post]
12 Jan 2023, 5:54 am
In what follows, this article outlines the requirements that must be met for a war crimes prosecution to proceed in U.S. courts, explains the new changes in relation to the previous law, and offers recommendations for how to further increase accountability prospects for atrocity crimes within the U.S. judicial system. [read post]
12 Jan 2023, 5:01 am
These impacts also contribute to racial disparities in the federal criminal system, since people of color face presumption charges more often than white arrestees. [read post]
11 Jan 2023, 11:33 am
"The case-or-controversy doctrines state fundamental limits on federal judicial power in our system of government. [read post]
11 Jan 2023, 7:19 am
After the 2014 amendment to the North Carolina constitution permitting defendants to waive their right to a jury trial in non-death penalty cases with the consent of the trial court, the General Assembly enacted G.S. 15A-1201(d), outlining the process for judicial consent to a defendant’s jury trial waiver. [read post]
11 Jan 2023, 6:06 am
Locking people in jail without lawyers is a perversion of the adversarial system. [read post]
11 Jan 2023, 6:00 am
Re’s argument resembles, though it is not identical to, earlier arguments for judicial gradualism made by Cass Sunstein and Alexander Bickel. [read post]
11 Jan 2023, 3:55 am
There are many who disagree with the judicial philosophy of Scalia or particularly rulings that he wrote in his storied career. [read post]
10 Jan 2023, 9:03 pm
Supreme Court introduced the major questions doctrine to the judicial mainstream. [read post]
10 Jan 2023, 7:12 pm
The rankings are decided by China's economics planning team, the National Development and Reform Commission (NDRC), the People's Bank of China, and the Chinese court system, according to the South China Morning Post. [read post]
10 Jan 2023, 3:28 pm
The Court of Appeal’s Opinion The focus of the Court’s analysis on the CEQA claim was the statute of limitations. [read post]
10 Jan 2023, 6:17 am
One goal of the OECD was to “increase trust among rule-of-law democratic systems that, while not identical, share significant commonalities[,]” while the other was to “provide a standard for how democratic, rule-of-law based systems limit and constrain government power in contrast with approaches that are unconstrained, unreasonable, arbitrary or disproportionate, in violation of human rights and in breach of international obligations” (emphasis… [read post]
10 Jan 2023, 6:00 am
I have also added footnotes (judiciously, I hope) to provide additional context where appropriate or helpful. [read post]
10 Jan 2023, 4:00 am
The right against self-incrimination is now a crucial part of our judicial system. [read post]
9 Jan 2023, 4:54 am
If a judge wants to avoid hearing a motion to suppress a search warrant that he or she issued, the judge may ask for another judge to be assigned, or may continue the matter until another judge is holding court in the district under the system of judicial rotation. [read post]
9 Jan 2023, 4:19 am
The ruling emphasises that UK law enforcement agencies are banned from taking actions to identify journalistic sources without judicial oversight. [read post]
Dangling the Keys to Freedom: Prosecutorial Discretion, Deep-Discount Offers, and False Guilty Pleas
9 Jan 2023, 4:00 am
Recently, the Court of Appeal for Ontario has taken judicial notice of the fact that Indigenous people plead guilty at “materially higher rates” than their non-Indigenous counterparts. [read post]
9 Jan 2023, 3:35 am
But sometimes those arguments reveal unexpected and harsh truths about the way in which our judicial system is operating. [read post]