Law and Legal
“Today we’re launching CAP search, a new interface to search data made available as part of the Caselaw Access Project API. Since releasing the CAP API in Fall 2018, this is our first try at creating a more human-friendly way to start working with this data. CAP search supports access to 6.7 million cases from 1658 through June 2018, digitized from the collections at the Harvard Law School Library. Learn more about CAP search and limitations. We’re also excited to share a new way to view cases, formatted in HTML. Here’s a sample!We invite you to experiment by building new interfaces to search CAP data. See our code as an example. The Caselaw Access Project was created by the Harvard Library Innovation Lab at the Harvard Law School Library in collaboration with project partner Ravel Law.”
Fontana, David and Schoenbaum, Naomi, Unsexing Pregnancy (March 11, 2019). Columbia Law Review, Vol. 119, 2019. Available at SSRN: https://ssrn.com/abstract=3350592
“Because sex does not dictate the capacity to provide care in the home or work in the market, sex-equality law combats harmful sex stereotypes by eliminating statutes and regulations that assign these roles on the basis of sex. When it comes to pregnancy, though, courts and commentators alike chart a very different course. They assume that pregnancy is a biological event that is almost exclusively for women. Thus, equal protection jurisprudence accepts the legal assignment of carework during pregnancy to women, and a range of laws regulating pregnancy carework — from prenatal leave under the Family and Medical Leave Act to health benefits under the Affordable Care Act to employment protections under the Pregnancy Discrimination Act — apply only or mostly to women. Even though the sexed law of pregnancy stands in stark contrast to the unsexed law of parenting, the sexed pregnancy has avoided challenge and largely escaped notice.
This Article makes visible the law of the sexed pregnancy, identifies and evaluates the core tension it generates in the law of sex equality, and considers how to unravel this tension. Of course, typically only women can physically carry a child, and therefore some pregnancy regulations are appropriately sex specific. But the nine months of pregnancy encompass a range of carework, much of which has little or nothing to do with the physical fact of pregnancy. Expectant fathers can, for example, buy a carseat, quit smoking, take a childcare class, and choose a pediatrician or daycare center for the child. Given the ability to disaggregate sex from much of the carework of pregnancy, the law’s failure to do so marks women for caregiving and men for breadwinning in the same problematic way that sex-equality law has tried to combat after a child is born. And while pregnancy implicates real concerns about a woman’s constitutional right to bodily autonomy, this concern alone cannot justify the failure to scrutinize all sex-based pregnancy regulations, because much prebirth carework does not involve the woman’s body at all. After surfacing the law’s anomalous sexed treatment of pregnancy, this Article considers how to harmonize the law of sex equality. This effort can advance not only the goal of equality between the sexes, but also equality for lesbian, gay, and transgender parents, while at the same time enhancing women’s autonomy.”
Tidal Basin is falling prey to foot traffic, climate change as groups seek funds to restore historic area
Washington Post – “With the sun out and Washington’s cherry blossoms at peak bloom, visitors on Wednesday thronged the Tidal Basin, eating picnic lunches and taking selfies beneath some of the Mall’s 3,800 cherry trees. A few yards from the Jefferson Memorial, a pathway that rings the basin was under nearly a foot of water and parts of its concrete wall were crumbling — a reminder that the landmark is falling prey to increased foot traffic, the growth of the Washington region and a changing climate. “In 2019, it’s not functioning the way we need it to,” said Teresa Durkin, the senior project director for the nonprofit Trust for the National Mall. “There is a certain amount of urgency.” Officials from the trust and the National Park Service launched an effort dubbed “Save the Tidal Basin” in a partnership that aims to bring nonprofit organizations and the federal government together to reimagine the area and develop improvement plans that they say could cost up to $500 million…”
BBC News – “The obstacles to President Donald Trump’s border wall are not confined to the four walls of Congress. As areas are cleared to start building new sections, some landowners, including a butterfly sanctuary, have sued to stop the construction…The butterfly centre…sits on 110 acres near the southern tip of Texas – an area of low-lying marshes, brush and scrub forests, offering a variety of ecosystems that provide ample habitat for migratory species of all shapes and sizes. It is also flush along the Rio Grande River, which forms more than 1,260 miles (2027 km) of the 2,000-mile border between the United States and Mexico. That puts the small, private environmental preserve in the centre of a raging debate over immigration and national security – and whether and where to build Donald Trump’s oft-promised border wall.
…South Texas is a funnel of sorts for animals that winter in Mexico and burst into the northern climes as the weather warms. It’s also the closest point in the US geographically to Central America, where a growing number of families have been fleeing poverty and political violence to seek refuge on US soil…”
Medium Riki Matsumoto – “As the ten year anniversary of the infamous Lehman Weekend has come and gone, it’s important to reflect on the lessons that we learnt. Or in the tragic case of the Office of Financial Research, the independent federal agency Congress set up to identify risks to America’s financial stability; lessons that we should have learnt.
…Through Dodd-Frank, Congress addressed the issue of information: first, it created the Financial Stability Oversight Council (“FSOC”), consisting of all the federal financial regulatory agencies to identify threats to U.S. financial stability, and to promote market prudence; and second, it created the OFR (Section 153(a) of Dodd-Frank), an independent bureau within the U.S. Treasury, to “serve the needs of the FSOC, to collect and standardize financial data, to perform essential research, and to develop new tools for measuring and monitoring risk in the financial system.” In a way, the OFR was meant to be an independent, beating heart of America’s new financial oversight mechanism, by identifying, monitoring, and evaluating threats to financial stability.
…Since the Trump administrations bureaucratic overhaul, the OFR has experienced 20.6% reduction in total budget, and 40.6% reduction in full-time equivalent staff — a severe cut to capacity…”
Attorney At Work: Tips on working with law librarians to save you time and money. “I often ask myself how we ever got along without the internet. It’s so helpful when it comes to looking up information such as statutes, court forms and court procedures. Unfortunately, the internet sometimes doesn’t have the information I’m looking for. I have found that the most cost-effective and timely way to obtain the information is to call or email a law librarian…”
Near Eastern Landscapes and Declassified U2 Aerial Imagery, Advances in Archaeological Practice, https://doi.org/10.1017/aap.2018.38. Published online: 12 March 2019: “Recently declassified photographs taken by U2 spy planes in the 1950s and 1960s provide an important new source of historical aerial imagery useful for Eurasian archaeology. Like other sources of historical imagery, U2 photos provide a window into the past, before modern agriculture and development destroyed many archaeological sites. U2 imagery is older and in many cases higher resolution than CORONA spy satellite imagery, the other major source of historical imagery for Eurasia, and thus can expand the range of archaeological sites and features that can be studied from an aerial perspective. However, there are significant barriers to finding and retrieving U2 imagery of particular locales, and archaeologists have thus not yet widely used it. In this article, we aim to reduce these barriers by describing the U2 photo dataset and how to access it. We also provide the first spatial index of U2 photos for the Middle East. A brief discussion of archaeological case studies drawn from U2 imagery illustrates its merits and limitations. These case studies include investigations of prehistoric mass-kill hunting traps in eastern Jordan, irrigation systems of the first millennium BC Neo-Assyrian Empire in northern Iraq, and twentieth-century marsh communities in southern Iraq.”
…But if light bulbs have a dark side, it’s that they have stolen the night. The excess light we dump into our environments is endangering ecosystems by harming animals whose life cycles depend on dark. We’re endangering ourselves by altering the biochemical rhythms that normally ebb and flow with natural light levels. And in a primal sense, we’ve lost our connection to nighttime skies, the tapestries into which our ancestors wove their star-studded stories, timed the planting and harvesting of crops, and deduced the physical laws governing the cosmos…”
Artificial Lawyer: “Research by investment bank, Investec, has found that around $1bn was invested into legal tech and related NewLaw businesses in 2018 alone (see below), at least in the major markets. Moreover, capital is expected to keep flowing into this sector in 2019 with consolidation seen as a likely driver of further change. The bank has divided the current market into four groups:
- Legal Tech consolidators
- NewLaw/Law Company consolidators
- eDiscovery/Doc Review/LPOs
- Private Equity funds known to be looking for Legal Tech and NewLaw platform investments…”
Google Blog: “…A year ago, we launched News Consumer Insights: a report built on top of Google Analytics that helps news organizations of all sizes understand and segment their audiences with a subscriptions strategy in mind. Thousands of news organizations around the world, including BuzzFeed News, Business Insider, Conde Nast and Village Media, have used this tool to measure, understand and grow their businesses. Today, we’re launching a new, free insights tool called Realtime Content Insights (RCI), built to help newsrooms make quick, data-driven decisions on content creation and distribution. Journalists will be able to identify which articles are the most popular across their audience and what broader topics are trending in their regions. RCI also helps newsrooms visualize their data with a full screen display mode. It’s now available for publishers using all versions of Google Analytics…”
Introducing News Inside – Marshall Project launches a print publication that will be distributed in prisons and jails
The Marshall Project – By Lawrence Bartley – “As I was trying to win parole last year, a friend suggested that I submit an essay to The Marshall Project for a series called “Life Inside.” I was in the midst of five parole hearings, a verbal and emotional ordeal with years of my life on the line. I was stressed. I had no desire to share. But after a little nudging and a lot of struggle, I managed to spill my feelings about the prospect of freedom after 27 years in the system. It was the publication of that essay that led to me walking through the office doors of The Marshall Project two months later—having finally won parole—to talk with their staff about my experiences. That conversation led to me joining their team and to the creation of News Inside—a collection of TMP’s award-winning journalism that relates directly to incarcerated lives. In the past month, we began distributing the pilot edition of this print publication to prisons and jails; to date it is circulating in 30 facilities in 19 states. I wanted to share our rich articles with my information-poor former community, particularly those who believe study is a chance for redemption, who sacrifice sleep and risk a misbehavior report to pore over textbooks under shaded lamps after lights-out, who struggle to find resources to expand their minds…”
Lifehacker: “There are more efficient ways of keeping track of important foreign language vocabulary than a hand-held dictionary. If you’re learning a new language or making basic translations, try using the Google Translate formula in Google Sheets for an easy access list of what you know—or want to know…”
Bloomberg: “Air passengers at a growing number of U.S. airports will no longer need to remove electronics, liquids, and other items from their carry-on luggage at security checkpoints as the Transportation Security Administration rolls out new technology. The TSA took a major step in a broader plan to revamp its overall screening process with faster, more advanced technology when it signed a contract Thursday for hundreds of new carry-on baggage screening machines, Administrator David Pekoske said on a press call Friday. The agency has tested the new technology at more than a dozen airports since 2017, along with the relaxed protocols that allow passengers to leave items such as laptops and toiletries inside their luggage…”
ZDNet – Two surveys of IT and security experts suggest they put most of the blame for data insecurity at the feet of ignorant, careless employees. “To survive in this world, you have to have someone to blame. If you decide everything’s your fault, you’ll find yourself in a mental mire from which it’s almost impossible to emerge. My torrid views are confirmed by two studies that have descended just above my sensitive MacBook butterfly keyboard. One, courtesy of SaaS operations management platform BetterCloud, offers grim reading. 91 percent of the 500 IT and security professionals surveyed admitted they feel vulnerable to insider threats. Which only makes one wonder about the supreme (over-)confidence of the other 9 percent…”
The Verge – Ebooks will no longer be accessible as of July 2019: “Starting today, Microsoft is ending all ebook sales in its Microsoft Store for Windows PCs. Previously purchased ebooks will be removed from users’ libraries in early July. Even free ones will be deleted. The company will offer full refunds to users for any books they’ve purchased or preordered. Microsoft’s “official reason,” according to ZDNet, is that this move is part of a strategy to help streamline the focus of the Microsoft Store. It seems that the company no longer has an interest in trying to compete with Amazon, Apple Books, and Google Play Books. It’s a bit hard to imagine why anyone would go with Microsoft over those options anyway…”
Institute for Women’s Policy Research Report -The Gender Wage Gap by Occupation 2018: “Women’s median earnings are lower than men’s in nearly all occupations, whether they work in occupations predominantly done by women, occupations predominantly done by men, or occupations with a more even mix of men and women. Data for both women’s and men’s median weekly earnings for full-time work are available for 125 occupations. The occupation with the largest gender wage gap is ‘securities, commodities, and financial services sales agents’ in 2018; women’s median weekly earnings for full-time work in this occupation were just 63.9 percent of those of men’s, corresponding to a gender wage gap of 36.1 percent.The median gender earnings ratio for all full-time weekly workers was 81.1 percent, a weekly gender wage gap of 18.9 percent.
Altogether, there are just five occupations in which women’s median earnings are at least 105 percent of men’s, while there are 108 occupations in which women’s median earnings were 95 percent or less than men’s (that is, a wage gap of at least 5 cents per dollar earned by men). In general, the highest paid occupations have the biggest gender gaps; all but one of the ten occupations with the largest gender wage gaps have earnings that are higher than median earnings for all full-time workers ($886). The occupation with the highest earnings gap in favor of women is ‘combined food preparation and serving workers, including fast food,’ with a median weekly gender earnings ratio of 115.9 percent, a gender wage gap in favor of women of 15.9 percent, and median weekly earnings for all full-time workers of just $436…”
TIME: “In 1965, as he neared completion on the first part of a corporate history of Time Inc., the writer Robert Elson showed a draft of his work to Patty Divver, who had started as a researcher at TIME in the early 1930s. She had a fairly major complaint: “I have one thing to say about that — and this as been my war with Time Incorporated — or was my war at Time Incorporated for 25 years. There is absolutely no awareness in the whole damned volume that women had anything to do with Time Incorporated!” In fact, as Divver knew well, women had a lot to do with the company’s history. Notably, in the publication’s first decades, as TIME was creating the concept of the modern magazine fact-checker, women were almost exclusively responsible for that crucial work. At a moment when the fight against false information is a matter of global importance — so much so that the work now has its own annual observance, International Fact-Checking Day, marked on April 2 — it’s clearer than ever that the work fact-checkers do matters greatly.
Most of the women who worked at TIME in its early days held the job of “researcher,” a role that was inescapably entwined with gender. All of TIME’s researchers were women until 1973. On the one hand, the job offered opportunity, responsibility and a path to a career at a time when women were becoming a larger proportion of the gainfully employed. Researchers would work with the (usually male) writers to gather the necessary research material for an article. After it was written and edited, they would then confirm that every fact was correct as it was written. Researchers had unusual power in some ways; they were encouraged to talk back and to take an active part in reporting stories, though “women were completely and utterly unknown in U.S. industry,” as Divver later recalled….” [h/t Barclay Walsh – The Fact-Checking/Researcher Rock Star]
Steve Klabnick: “There’s a war going on. When isn’t there a war going on? But I’m not talking about a physical war here: I’m talking about a war over meaning. This particular war is a fight over what “open source” means…”
Internet Archives Blog – Reformatting the Boston Public Library Sound Archives – “Following eighteen months of work, more than 50,000 78rpm record “sides” from the Boston Public Library’s sound archives have now been digitized and made freely available online by the Internet Archive. ”This project and the very generous support and diversity of expertise that converged to make it possible, all ensure the Library’s sound collections are not only preserved but made accessible to a much broader audience than would otherwise ever have been possible, all in the spirit of Free to All.” said David Leonard, President of the Boston Public LIbrary. In 2017, the Boston Public Library transferred their sound archives to the Internet Archive so that the materials could be reformatted digitally and preserved physically. Working in collaboration with George Blood LP, using their specialty turntable and expert staff, these recordings have been digitized at high standards so that others can use these materials for research. This is now the largest collection within the Great 78 Project, which aims to bring hundreds of thousands of 78rpm recordings to the Internet…”