The Goodson Blogson

The Duke Law community now has access to Lex Machina , a litigation analytics tool containing data on courts, judges, law firms, attorneys, and parties. Access Lex Machina by logging into Lexis+ and choosing it from the product switcher grid in the top left corner of any research screen.   Duke's Lex Machina pilot access from Lexis is expected to last for the 2025-2026 academic year. It includes federal court and specialty venue modules, with limited read-only access to state court materials. Sections beyond the pilot program's access are clearly labeled as out of scope, and may include a brief preview or overview of the data contained within that section. The "Quick Tools" section includes the ability to compare and explore litigation history for parties, courts and judges, and law firms as well as expert witnesses; Analyzers for the case history of attorney teams and the impact of the COVID-19 pandemic on courts’ workload; and a case assessment tool. Lex Machina a...

Since the presidential inauguration on January 20, a flurry of executive orders from the Office of the President has generated dozens of legal challenges. The President is on track to break the previous record for executive orders issued in the first 100 days, currently held by Franklin Delano Roosevelt. On February 25, Law360 launched Trump's Legal Battles , a free public database tracking the status of current challenges to executive activity, as part of its dedicated coverage of Trump's First 100 Days . While links to news and analysis about each case will require additional access to  Law360 (including some docket features that are beyond even Duke Law's subscription), the dashboard itself is free to review, sort, and browse. Convenient links to specific executive orders are also provided to the White House website, and docket numbers provide sufficient information to locate additional case information on the free CourtListener Advanced RECAP Search or in Bloomberg...

As most of the United States prepares to set its clocks an hour earlier overnight on Saturday, it’s time again for frequently asked questions like "Is it better to wake up in the dark, or to go home in the dark?" and "Why are we doing this, again?" Daylight Saving Time ends at 2 a.m. Sunday, November 3, as outlined in 15 U.S.C. § 260a . DST will resume with a "spring forward" on the second Sunday of March. In 2020, the Congressional Research Service issued a helpful report on Daylight Saving Time . The CRS report details the history of DST in the U.S. and congressional action related to it. DST was first adopted in the United States during World War I, with the Standard Time Act of 1918 (also called the Calder Act). This act created standardized time zones for the United States and set a DST, which was already in place in parts of Europe to help conserve fuel during the war. (Temporary year-round DST, also known as "War Time," reappeared in t...

On Monday, the U.S. Supreme Court will open its annual October Term, with its first oral argument scheduled for 10 am. The "First Monday in October" has marked the start of the Supreme Court’s year since 1916. The first case of the new Term, Williams v. Washington , concerns state court claims under section 1983; a live-stream of oral argument audio will be provided on the Court’s website. To learn more about individual cases on the Court's docket this year, SCOTUSblog offers quick access to case information and filings on its October Term 2024 page , organized by argument date. Oyez provides a similar overview of OT2024 cases, and will link to oral argument audio and opinions when they become available for each case. The ABA also publishes a regular Preview of United States Supreme Court Cases ( available in HeinOnline ; Duke NetID required) that provides an overview as well as legal analysis of each featured case. ( Williams is featured in the latest Preview issue...

Over the weekend, Hurricane Helene devastated more than 600 miles of the southeastern United States, from the Gulf Coast of Florida through Tennessee ( NYTimes: Mapping the Destruction ). Western North Carolina was hit especially hard with flooding, landslides, and collapsing highways and bridges, leaving the mountain region inaccessible and impassable from all directions. DriveNC.gov maintains a map of current road closures, warning that "All roads in Western North Carolina should be considered closed and non-emergency travel is prohibited." Widespread power outages and shortages of food and water have followed in the wake of the storm. While aid has begun to reach the region, recovery and repairs will be a slow and difficult process, and the full impact of the destruction is not yet known. The Asheville Citizen-Times and The Assembly NC have temporarily suspended their paywalls for hurricane-related coverage. If you are able to help, agencies are seeking monetary contr...

September 17 is Constitution Day , commemorating the 1787 signing of the United States Constitution in Philadelphia. The National Archives and Records Administration, which houses the original document, maintains a page for America's Founding Documents: The Constitution of the United States with a transcription and historical background about the document and its signing. (Constitution Day shares the September 17 holiday with Citizenship Day , an occasion often marked by naturalization ceremonies across the country. The U.S. Citizenship and Immigration Service offers a sample citizenship test on its website: can you achieve a passing score?) As always, you can pick up a pocket copy of the U.S. Constitution at the library service desk, while supplies last. You might also want to take a look at the thousands of resources in the Duke Libraries Catalog on constitutional law and interpretation. Some recent highlights from the print and electronic collections: Elie Mystal, Allow Me...

The Goodson Law Library research guide to Court Records & Briefs has recently been updated. In addition to corrected web links and updated guidance to free and premium resources like PACER and Bloomberg Law dockets searching, the guide includes a number of new records and briefs compilations that were added since the last update. Some highlights include: The Making of Modern Law: Landmark Records and Briefs of the U.S. Courts of Appeals, 1891-1980 features selected records and briefs from the U.S. Courts of Appeals dating from the 1890s to 1980. Drawn from a number of source libraries (including the National Archives, the New York City Bar Library, and the University of Iowa), featured cases cover a wide range of subject matter. The database is searchable by case name, citation, and keyword, and a "Topic Finder" feature is also available. LLMC Digital has expanded its records and briefs offerings since the last guide update. Its Records and Briefs search tab (avai...

A common question at the Law Library reference desk involves how to find contact information for various people: potential academic collaborators, government employees like court clerks or agency officials, or attorneys who participated in a particular case. A basic web search on your favorite search engine may reveal contact information for academics and other public figures. (Go beyond the usual suspects with PC Mag’s " Best Alternative Search Engines .") If contact information is omitted or behind a login wall, though, some additional free options are available: SSRN contains author contact information, although researchers are restricted to accessing the email addresses of 3 contacts per day (click the author's name to access their profile, then the down arrow next to "Contact," then the link to "Email"). This can be a good method to locate contact information for academic authors whose emails are not provided on their institutional website. S...

The United States Supreme Court has designated two opinion release days this week: Thursday and Friday. With more than two dozen still-pending decisions from October Term 2023 to release before the traditional end of the term (including five from the November and December oral arguments), the next few weeks promise to be busy at One First Street! You can keep up with the activities of the Court at its website, including new opinions as they are released. Seasoned Court-watchers gather at the SCOTUSblog homepage on opinion days at 10:00 am Eastern for expert commentary and live updates on opinion releases. The blog's Cases section includes helpful overviews of the issues under review, with links to relevant case documents. The Statistics section also includes handy information about decided and pending decisions. The Newsfeed provides daily updates on pending petitions, opinion analysis, and other Court activities (such as the justices’ financial disclosures , released earli...

Last month marked a milestone for the Caselaw Access Project (CAP) , an ambitious project from the Harvard Law Library Innovation Lab to digitize centuries of U.S. federal and state case law for free public access. Launched in 2016 with the financial backing of online legal research company Ravel Law (now owned by LexisNexis ), the Caselaw Access Project involved the digitization of more than 36 million pages of printed case reporters. The original agreement contained a commercial use restriction for eight years, which has now expired. The Innovation Lab commemorated the occasion with a conference on March 8 , highlighting the history of the project and use cases for the future. For more information on the history of the project, see Adam Ziegler's guest post at Bob Ambrogi's Law Sites . The Search feature on the legacy version of the CAP website links to CourtListener's Advanced Case Law Search , which has incorporated the CAP content. The beta version of the  CAP websit...

Last week, the talk of the Internet was an essay called "The Day I Put $50,000 in a Shoe Box and Handed It to a Stranger." The Cut's financial-advice columnist Charlotte Cowles details the elaborate telephone scam that led her to withdraw five figures of savings and surrender the cash to someone she believed to be an undercover CIA agent. Social media chatter debated whether Cowles's predicament was the relatable reaction of a frazzled mom who had been targeted by experienced con artists, or the public admission of a surprising lapse in common sense. However one may feel about Cowles's particular experience, one thing is certain: she is hardly alone in falling for a scam. Earlier this month, the Federal Trade Commission estimated that American consumers lost more than $10 billion to fraud in 2023 . While almost half of these losses came from investment fraud, imposter scams (like the one Cowles faced) represented nearly $3 billion of this figure. The FTC news r...

On Monday, the U.S. Supreme Court will open its annual October Term, with its first oral argument scheduled for 10 am. The "First Monday in October" has marked the start of the Supreme Court's year since 1916. The Court recently confirmed plans to continue live-streaming oral arguments on its website; the first case of the new Term, Pulsifer v. United States , concerns the "safety valve" provision in federal criminal sentencing laws. To learn more about individual cases on the Court's docket this year, SCOTUSblog offers quick access to case information and filings on its October Term 2023 page , organized by argument date. The ABA also publishes a regular Preview of United States Supreme Court Cases (available in HeinOnline; Duke NetID required) that provides an overview as well as legal analysis of each featured case. ( Pulsifer is featured in the latest Preview issue, along with other cases from the October sitting.) A looming federal government shut...

The end of 2022 also marked the end of a long-running government publication series, when the Administrative Committee of the Federal Register published a rule announcing the discontinuation of the Public Papers of the Presidents of the United States . The Public Papers book series began in 1957, after the National Historical Publications Commission recommended the creation of an official government publication that brought together the various speeches, remarks, and writings for a particular presidential administration. Prior to the Public Papers , access to presidential materials was less consistent and less timely, with some materials published decades later at the direction of Congress (such as Richardson's 20-volume set A Compilation of the Messages and Papers of the Presidents, 1789 – 1897 ), and other materials privately published (such as the Public Papers and Addresses of Franklin Delano Roosevelt ). The Public Papers has covered the administration of every U.S. preside...

Monday, October 3 marks the start of the United States Supreme Court 's October Term. Congress established the "first Monday in October" as the beginning of a new Court term in 1916, as seen in 28 U.S.C. § 2 . The term will be the first for new Associate Justice Ketanji Brown Jackson , who was sworn in on June 30 following the retirement of Justice Stephen Breyer. (A formal investiture ceremony for Justice Jackson will be held on Friday, September 30.) With less than a week before the opening of oral argument, the Court looks a little more welcoming than it did at the end of the last term, although it has maintained some pandemic-era access protocols. In late August, the Court removed the 8-foot security fence that was erected in advance of the controversial opinion Dobbs v. Jackson Women's Health Organization , which overruled Roe v. Wade . However, the building still remains closed to the public, except for official business . The Court began streaming real-ti...

The Goodson Law Library has recently expanded its access to historical content in the ProQuest Supreme Court Insight database, adding U.S. Supreme Court records, briefs, and case histories back to 1933 (expanded from its previous start date of 1975). The Duke University community can now access this nearly half-century of additional materials via the Duke Libraries Catalog or Legal Databases & Links page. ProQuest Supreme Court Insight provides browse and search capability for U.S. Supreme Court materials. For quick access to a specific case's materials, use Search by Number or select "Supreme Court Case Name" from the Basic or Advanced search menus. A section of Landmark Cases also allows browsing or searching for selected noteworthy cases decided during the coverage period. Results will include petitions for certiorari, briefs, appendices, docket listings, and the Court's final opinion. (Cert petitions are also included in cases where the Court did not gran...

Earlier this week, Associate Justice Stephen Breyer announced his intent to retire from the U.S. Supreme Court at the end of this term. The vacancy will be the first on the high court for President Biden, who has spent much of his first year in office filling vacancies in the U.S. District Courts and Circuit Courts of Appeals. (A running list of confirmed judicial nominations , as well as all judicial nominations, is available at the Senate Judiciary Committee website. Similar data can be found on the Judicial Vacancies page at the U.S. Courts.) President Biden had pledged on the campaign trail to nominate the Court's first Black female justice in the event of a vacancy during his presidency, a promise he reaffirmed at the White House yesterday following Breyer’s announcement . Washington insiders have circulated a shortlist of likely nominees , including current D.C. Circuit Judge Ketanji Brown Jackson, California Supreme Court Justice Leondra Kruger, and Judge J. Michelle Chil...

On Monday, the International Alliance of Theatrical Stage Employees expects more than 60,000 of its members to begin a labor strike. The move would shut down film and television production across the country, unless and until an agreement is reached with the Alliance of Motion Picture and Television Producers. They'll join several other labor union strikes that have made headlines in recent weeks, inspiring the hashtag #Striketober on social media. Currently, more than 10,000 workers at John Deere plants are on strike , following an overwhelming rejection of a new contract proposal. Another 1,400 employees of Kellogg cereal plants are also in their second week of a strike over labor negotiations. With unemployment rates continuing to trend toward pre-pandemic levels , and a record number of employees quitting jobs in what is now termed " The Great Resignation ", labor conditions and labor markets will likely be hot topics of conversation for the indefinite future. If ...

Monday, October 4 marks the annual opening of the U.S. Supreme Court's new argument term, as set forth in 28 U.S.C. § 2 . "First Monday in October" hasn't always been the start of a new Court term, however: as noted in the treatise Supreme Court Practice § 1.2(f) (Reserves KF9057 .S8 2019 & online in Bloomberg Law ), the opening day of the Court's term (and even the total number of regular terms per year) has changed over time…although not since 1916. This year, the Court will return to oral arguments inside the courtroom , after the coronavirus pandemic forced it to schedule remote arguments for the end of the 2019-2020 term, and for the entirety of October Term 2020. However, the Court's building will remain closed to the public, limiting in-person access during arguments to the justices, the attorneys, and to a limited number of media representatives. The Court anticipates live audio streaming of oral arguments to continue through at least December, ...

The end of June usually marks the conclusion of the U.S. Supreme Court's October Term, when the Court issues the last of its opinions in cases argued since the start of the term in the previous fall. Last term, with disruptions to Court operations and argument sittings in the spring of 2020 due to the coronavirus pandemic, the Court's final ten opinions of OT19 were issued in July. This week, the Court has five opinions left to issue from the 2020 October Term. Will they successfully conclude the term before the end of the month, or push into July for the second year in a row? Court-watchers will be following the activities at One First Street closely this week. To join them, you can visit SCOTUSblog , which live-blogs order and opinion release days at the Court beginning at 9:30 am Eastern time. SCOTUSblog's FAQ page on Announcements of Orders and Opinions provides some additional detail about the process. Although the Court highlights opinion release days on its publi...

Users of the popular judicial biographical directory Almanac of the Federal Judiciary recently discovered that Westlaw no longer carried the full text of this resource as of March 2021. The Almanac of the Federal Judiciary is now available campus-wide online through Wolters Kluwer. The Almanac (a.k.a. AFJ) is a biographical database for all active federal district and appellate court judges. In addition to the standard biographical data, entries for judges will include information about their noteworthy rulings, media coverage, a list of publications, lawyers' comments on the judge's behavior and demeanor, and links to financial disclosure reports. This online version also preserves former AFJ entries for inactive federal judges, which can be especially helpful in times of judicial transition. For newly appointed federal judges, the profiles can take some time to be developed, especially for the lawyers' evaluation section. (For example, newest U.S. Supreme Court Jus...