Published v. Unpublished - why you care

As you have researched case law you have undoubtedly encountered a notice that a decision is "unpublished".  As you may already know, in federal court you may cite to unpublished decisions (issued after 1/1/2007 - See FRAP 32.1)  but they have no precedential value.  (Most states do not view these opinions as precedent but have varying rules on citing them.)

But, is this a way for judges to avoid appellate review?   Read about the recent controversy considered by the Supreme Court in Adam Liptak's New York Times article Courts Write Decisions That Elude Long View .

Ernster, the Virtual Library Cat

Law Library Closed

Due to inclement weather the law library is closed today. The library will be accessible to law students and faculty via swipe card access only.

Ernster, the Virtual Library Cat

Healthcare Supreme Court Case: King V. Burwell

Today, the Supreme Court heard oral arguments in King v. Burwell.  The question presented in this landmark case is whether the Internal Revenue Service ("IRS") may permissibly promulgate regulations to extend tax-credit subsidies to coverage purchased through Exchanges established by the federal government under section 1321 of the ACA.  

You can read the transcript of this and other Supreme Court oral arguments on the Supreme Courts  Web site on the same day an argument is heard by the Court. Same-day transcripts are considered official but subject to final review. The audio recordings of all oral arguments heard by the Supreme Court of the United States are available to the public at the end of each argument week. The audio recordings are posted on Fridays after Conference.

Ernster, the Virtual Library Cat

Cybersecurity Law: An Emerging Field

With the news full of hackers invading corporate networks and massive breaches of consumer financial and other information, it is no surprise that cybersecurity law is coming into its own as a legal field at the juncture of law and technology. If you want to know more about the roles lawyers play in helping corporations secure data and deal with breaches and other cybersecurity issues, and more about what kind of knowledge lawyers need to do this work, start with "The Emergence of Cybersecurity Law," a new paper published by the Maurer School of Law at Indiana University Bloomington.  More reports, cybersecurity-related news, and current developments in this field are available from the American Bar Association's Cybersecurity Legal Task Force.  Finally, check out Crossroads Blog: Cyber Security Law & Policy, which supports two courses at Syracuse University College of Law and features law student, law faculty and expert authors.

Hat tip: beSpacific.com

Ernster, the Virtual Library Cat