Wednesday, September 04, 2019

Research Guides In Focus – How to Find Free Case Law Online


“I think we are to God, if there is such a thing, like a microscopic cell in the left toenail of Garry Kasparov in the middle of a chess match. That cell has as much awareness of what Kasparov’s doing as we do of God’s activities. We like to presume we know about the universe, but we don’t know what we’re talking about. We have finite minds, and we’re dealing with something called infinity. The most one can hope for is to live a good life and try to leave things a little better than he found them.”
~Artie Shaw 


Do Extreme Rituals Have Functional Benefits?



Daniel Hemel (Chicago), Taxing Wealth in an Uncertain World:
An annual wealth tax, a mark-to-market income tax, and a retrospective capital gains tax are three approaches to capital taxation that yield roughly equivalent outcomes under certain conditions. The three approaches differ starkly, however, in their exposure to uncertainty of various types. This essay seeks to highlight the effect of uncertainty on the implementation and operation of alternative capital taxation regimes. An annual wealth tax is highly vulnerable to valuation uncertainty and constitutional uncertainty, but less so to political uncertainty. A retrospective capital gains tax, by contrast, minimizes valuation uncertainty and effectively eliminates constitutional uncertainty but remains highly exposed to political uncertainty. A mark-to-market regime falls somewhere between the two extremes on dimensions of political and constitutional uncertainty but shares in a wealth tax’s exposure to valuation uncertainty.



* In Custodia LegisThe following is a guest post by Anna Price, a legal reference librarian at the Law Library of Congress.  We are back again to focus on the Law Library’s Research Guides. This time we are discussing another popular guide, How to Find Free Case Law Online. Until a few years ago, case law generally was not freely-available online. Researchers had to find an accessible law library and then either learn how to search a subscription database or study the library’s print collection of reporters and digests. Recently, however, various organizations have been working to make state and federal court opinions, as well as associated case materials, available electronically without charge. This guide offers clear direction on using those resources.
The guide walks users through some popular online databases, with a focus on Google Scholar, CourtListener, FindLaw, Justia, and the Public Library of Law. Each section instructs users on navigating the resource and lists its tools, coverage, and unique features that may be helpful for various researcher needs. For example, did you know that CourtListener maintains the RECAP Archive, which includes selected case and docket information from federal appellate, district, and bankruptcy courts? Or what about FindLaw’s collection of Supreme Court briefs?…”

Just Security – “For more than three years, the American Civil Liberties Union and the Knight First Amendment Institute at Columbia University have been litigating a series of Freedom of Information Act requests relating to “prepublication review.” Under this far-reaching censorship system, millions of current and former government employees, contractors, and even interns must submit their manuscripts for official review prior to publication. Virtually everyone seems to agree that the system is broken. The thousands of documents that have been released in response to our FOIA litigation paint a picture of a system that is fractured and incoherent. Because there is no executive- branch–wide policy on the review process, each agency has its own. Agency regimes comprise a tangle of regulations, policies, and nondisclosure agreements. Submission and review standards, review timelines, and appeals processes are vague and confusing.