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The Researching Paralegal

Monthly Archives: November 2013

OSHA First Impression Ruling on “Entreprise-Wide” Abatement Theory of Liability

05 Tuesday Nov 2013

Posted by Celia C. Elwell, RP in Employment Law, Trial Tips and Techniques, Workers' Compensation

≈ Comments Off on OSHA First Impression Ruling on “Entreprise-Wide” Abatement Theory of Liability

Tags

Administrative law judge, Enterprise-wide relief, OSHA, OSHRC, Precedent

Judge Rejects OSHA’s “Enterprise-Wide” Relief Theory, by Stephen Yohay, EHS OutLoud Blog

http://www.perma.cc/0SeaMZWf1hp

In what apparently is a case of first impression, an administrative law judge (ALJ) of the federal Occupational Safety and Health Review Commission (OSHRC) recently decided that the Occupational Safety and Health Act (OSH Act) does not authorize OSHRC to order so-called “enterprise-wide” abatement. Under that theory of liability, the Occupational Safety and Health Administration (OSHA) maintains that when a violation is proven at an employer’s worksite, OSHRC has the statutory authority to require that employer to abate the same or similar hazards at its other worksites that were not the subject of the litigated citation.

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A Compilation of Legal Writing Sources

05 Tuesday Nov 2013

Posted by Celia C. Elwell, RP in Bad Legal Writing, Brief Writing, Legal Writing

≈ Comments Off on A Compilation of Legal Writing Sources

Tags

Bad Legal Writing, Briefs, Grammar, Law library, Legal Writing, Punctuation

 This list barely scratches the surface of the wealth of information on good  legal writing, but it’s a start. More to come. CCE

Plain-English Subcommittee, Chronological List of Articles, Michigan Bar Journal, State Bar of Michigan

http://perma.cc/0P72PHThkHR

Legal Writing Tips, Michael Aleo, Legal Writing Tips Blog

http://perma.cc/0gpKDSoYasx

the (new) legal writing blog, by Raymond P. Ward

http://perma.cc/0izuaUDN9h8

UCLA School of Law Legal Research and Writing Guide, UCLA Law School, Hugh and Hazel Darling Law Library

http://perma.cc/0KoRUEKZmZy

(Please note the tabs at this same website on all types of Legal Research, Mobile Legal Research, and a Guide to Bluebook Citations. CCE)

Good Legal Writing: of Orwell and Window Panes, by Pamela Samuelson©1984, 46 University of Pittsburgh Law Review 149 (Fall 1984), UC Berkeley School of Information

http://perma.cc/0yqw83CnnrX

The Writing Center, Georgetown University Law Center

http://perma.cc/0pbttULwwVP

 

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In Love with the iPad Air

04 Monday Nov 2013

Posted by Celia C. Elwell, RP in iPad, iPhones, Legal Technology

≈ Comments Off on In Love with the iPad Air

Tags

Apple, Handhelds, iPad, iPad Air, iPad mini, iPhone, IPhone 5, Smartphones

My Experience with the iPad Air, by Jeff Richardson, iPhone J.D. Blog

http://perma.cc/0UTXYQh7ysn

Jeff Richardson has found a new love:

If my third-generation iPad and my iPad mini had a baby, and if the proud parents were lucky enough to realize the dream shared by all parents that their child be even smarter than they are, the result would be the iPad Air.  I’ve been using an iPad Air extensively for the last three days, and it truly combines the best features of the iPad and the iPad mini, plus offers more.  This is an amazing product, and it is hard for me to imagine any lawyer not finding a lot to love about the iPad Air.

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“Supervisor” Defined by U.S. Supreme Court

04 Monday Nov 2013

Posted by Celia C. Elwell, RP in Employment Law, Harassment, Race Discrimination, Trial Tips and Techniques, United States Supreme Court

≈ Comments Off on “Supervisor” Defined by U.S. Supreme Court

Tags

Discrimination, Harassment, Supervisor, Title VII, United States Supreme Court

Supreme Court refines Title VII standards, by Kevin B. Leblang and Robert N. Holtzman, Kramer Levin Naftalis & Frankel LLP

http://bit.ly/1a45PkL

On June 24 2013 the US Supreme Court handed down opinions in two cases refining the standards applicable to claims under Title VII of the Civil Rights Act of 1964. First, the court ruled that only employees with the authority to hire, fire or promote the alleged victim will be considered supervisors for purposes of Title VII harassment suits. Second, the Supreme Court applied a strict and employer-friendly causation standard to Title VII retaliation claims.

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If a Picture Is Worth a Thousand Words, What Are Graphics in E-Filing Worth? A Lot.

03 Sunday Nov 2013

Posted by Celia C. Elwell, RP in E-Filing, Legal Technology, U.S. Courts of Appeal

≈ Comments Off on If a Picture Is Worth a Thousand Words, What Are Graphics in E-Filing Worth? A Lot.

Tags

E-Filing, Graphics

Using Graphics in Electronic Filings with Courts, by Legal Skills Prof, Legal Skills Prof Blog

http://bit.ly/19ZBhAE

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What do you think about the Second Circuit’s removal of Judge Shira Scheindlin?

02 Saturday Nov 2013

Posted by Celia C. Elwell, RP in Appellate Law, Case Law, Court Rules, Federal District Court Rules, Federal Law, Legal Ethics, Research, Trial Tips and Techniques

≈ Comments Off on What do you think about the Second Circuit’s removal of Judge Shira Scheindlin?

Tags

New York City Police Department, Removal of federal judge, Shira Scheindlin, Stop-and-frisk program, United States Court of Appeals for the Second Circuit

As always, Judge Kopf asks an interesting question. CCE

RGK's avatarHercules and the umpire.

Judge Scheindlin is a New York federal trial judge who has taken senior status.* She was handling high profile cases involving New York’s “stop and frisk” practices. She issued an opinion providing remedial relief and an injunction to the folks who were challenging the police department’s practices, and up the case went to the Second Circuit. On Thursday, without ruling on the merits of the appeal, and acting on its own without a request from the appellants, the Second Circuit removed Scheindlin.  The Court stated that the trial judge had violated the Code of Conduct and failed in her responsibility to uphold the appearance of impartiality (1) because of her statements to the parties regarding “related” cases and (2) because of interviews she gave to the media. The Second Circuit’s short opinion is here. Liberal legal commentators exploded in outrage. See, for example, here and here. The…

View original post 46 more words

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Resources from the Offices of the United States Attorney . . . and more.

02 Saturday Nov 2013

Posted by Celia C. Elwell, RP in Criminal Law, Discovery, Federal Law, Fraud, References, Research, Trial Tips and Techniques

≈ Comments Off on Resources from the Offices of the United States Attorney . . . and more.

Tags

Bullying, DOJ, FOIA, Fraud, Freedom of Information Act, National Security, Prescription Drug Abuse, United States Attorney, United States Department of Justice, Victim's Rights

Resources, Offices of the United States Attorney
http://perma.cc/0pU5ocUruhw

FOIA/Privacy Act Requests – “How to” submit FOIA requests
http://perma.cc/0xyPEK7KcCN

FOIA Library – Available to public about office’s operations
http://perma.cc/07JeT6GjPPp

Annual Statistical Reports – Accomplishments for each fiscal year
http://perma.cc/09vkJheop6X

Victim’s Rights Ombudsman – Complaints filed against DOJ employees
http://perma.cc/07fbNaXZcka

United States Attorney’s Bulletin – Legal or technical topics
http://perma.cc/0QdV5c8XtUK

United States Attorney’s Manual – The official handbook
http://perma.cc/0djGLTsgpwy

This is a sample of the great information at this website. See more at Priority Areas (http://perma.cc/0ssbcTres9kl) and Justice 101 (http://perma.cc/0B27rPGVtMV). CCE

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American Jury System – The Optimal Jury Trial Videos

01 Friday Nov 2013

Posted by Celia C. Elwell, RP in Experts, Jury Instructions, Jury Selection, Trial Tips and Techniques, Voir Dire

≈ Comments Off on American Jury System – The Optimal Jury Trial Videos

Tags

American Jury Section, Judges, Jury, Jury instructions, Jury Selection, Jury trial

Favorite Thing: American Jury System – The Optimal Jury Trial Videos, submitted by Susie Macpherson of NJP Litigation Consulting, ASTC Member Trial Consultants from The Jury Expert
http://perma.cc/0Z3TkwVQy6Z

Impressive collection of resources for judges and attorneys. CCE

These videos are a great resource for attorneys and judges who want to investigate any of these topics, or for those who need ‘hands on’ examples to encourage other judges and attorneys to implement new procedures.”

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A Quick and Useful Tool To Prioritize and “Get It Done”

01 Friday Nov 2013

Posted by Celia C. Elwell, RP in Law Office Management

≈ Comments Off on A Quick and Useful Tool To Prioritize and “Get It Done”

Tags

Law Office Management

The Tasks That Matter Most, by David Ackert, The Ackert Advisory
http://perma.cc/0sPSLsYeuzo

A quick and easy beta program created by Julian Birkinshaw and Jordan Cohen (Harvard Business Review) to find out how to improve your productivity, profitability, or job satisfaction. CCE

 

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A Compilation of Writing Guides, Tips, and Blogs

01 Friday Nov 2013

Posted by Celia C. Elwell, RP in Legal Writing, Quotations

≈ Comments Off on A Compilation of Writing Guides, Tips, and Blogs

Tags

Bartelby.com, Grammar Girl, H.W. Fowler, Mignon Fogarty, Plain English, Strunk & White, Writing Blogs, Writing Tips

Quick and Dirty Tips, by Mignon Fogarty, Grammar Girl Blogspot
http://perma.cc/0AztTwAToiB
(There is much, much more at this website. Worth a browse . . . .)

English Usage, Style & Composition, Bartleby.com
http://perma.cc/0EUx9Jd3HK5
(Includes Strunk & White’s “Elements of Style,” H.W. Fowler, “The King’s English,” and more.)

Guide to Grammar and Style, Jack Lynch, Rutgers University in Newark
http://perma.cc/0SUMVx7Dwa

How to Write in Plain English, The Plain English Campaign
http://perma.cc/0JsVUpet3yK

Online Style Guides and Writing Skills, Mantex
http://perma.cc/0JYEshLRf6z

Writer’s Web, University of Richmond Writer’s Center
http://perma.cc/0SEh8zUwC1G

OWL – The Purdue Online Writing Lab
http://perma.cc/0Bk14D5amXN

Writing Guides,Writing @ CSU, Colorado State University Writing Center
http://perma.cc/0rK1LyLYBhW

Handouts, The Writing Center, The University of North Carolina at Chapel Hill
http://perma.cc/0JgKARJVbKF

Daily Writing Tips Blog
http://www.dailywritingtips.com/

 

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How to Identify, Prevent, and Report Elder Abuse and Neglect

01 Friday Nov 2013

Posted by Celia C. Elwell, RP in Elder Law

≈ Comments Off on How to Identify, Prevent, and Report Elder Abuse and Neglect

Tags

Elder Law, Violence and Abuse

Elder Abuse & Neglect – Warning Signs, Risk Factors, Prevention, and Reporting Abuse, HELPGUIDE.org

http://perma.cc/0AB5Yb34c56

At the bottom of this web page, there are related articles on “Reporting Elder Abuse,” “Reporting Abuse In the Home,” “Self-Neglect,” and “Caretaker Stress & Burnout.” CCE

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During Trial, Court Should Have Admonished Jury Not to Google Plaintiff’s Lawyer Rather than Ordering Removal of Verdict Successes from Attorney’s Website

01 Friday Nov 2013

Posted by Celia C. Elwell, RP in First Amendment, Jury Instructions, Law Firm Web Sites, Law Office Management, Legal Ethics, Marketing, Trial Tips and Techniques

≈ Comments Off on During Trial, Court Should Have Admonished Jury Not to Google Plaintiff’s Lawyer Rather than Ordering Removal of Verdict Successes from Attorney’s Website

Tags

Censorship, First Amendment, Jury instructions, Law Firm Websites

Jurors Might Google Law Firm’s Website, but Judge Can’t Censor It During Trial, by Scott Graham, The Recorder (with hat tip to Allen Mihecoby, CLAS, RP® on LinkedIn)

http://perma.cc/0UvXPVmc3Fg

[T]the decision sets new boundaries in an area of increasing concern for trial attorneys and judges: the balance between attorney free speech rights and potential jury contamination in a networked world.

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