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The Researching Paralegal

~ Articles and Research for Legal Professionals

The Researching Paralegal

Monthly Archives: December 2013

Reform Badly Needed for Michigan Tax Court.

20 Friday Dec 2013

Posted by Celia C. Elwell, RP in Tax Court

≈ Comments Off on Reform Badly Needed for Michigan Tax Court.

Tags

Christine MacDonald, Michigan Department of Treasury., Michigan Tax Court, Tax Tribunal, The Detroit News

State May Replace Tribunal With Court In Appeals Process Reforms, by Christine MacDonald, The Detroit News

http://tinyurl.com/ozksmy3

Michigan officials are pushing for an overhaul in state tax appeals, arguing the process is too complicated and led by inexperienced officials who issue “inconsistent or poorly-reasoned results.”

That’s the conclusion of a draft of reforms being circulated by the Michigan Department of Treasury. The Detroit News obtained the proposal, which would eliminate the state Tax Tribunal that handles assessment appeals from property owners unsatisfied with rulings from local boards.

The state wants to replace the tribunal with a Michigan Tax Court whose judges and magistrates would have more experience and higher pay.

*           *           *

The proposals follow years of complaints that the tribunal — an administrative court created in 1974 — is too archaic, cumbersome and often hostile to everyday homeowners seeking tax relief. The agency fielded more than 13,400 appeals last year during its “small claims” process, which generally includes residential appeals but also can include some smaller business disputes. The agency doesn’t specifically track residential appeals.

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Heads’ Up! A Summary of the New Oklahoma Supreme Court Rule.

19 Thursday Dec 2013

Posted by Celia C. Elwell, RP in Appellate Law, Case Law, Citations, Court Rules, Legal Writing, Oklahoma Civil Appellate Procedure, Oklahoma Supreme Court, Research

≈ Comments Off on Heads’ Up! A Summary of the New Oklahoma Supreme Court Rule.

Tags

Appellate Procedure, Citations, Oklahoma Court of Civil Appeals, Oklahoma Supreme Court, Oklahoma Supreme Court Network, OSCN

IN RE OFFICIAL PUBLICATION OF DECISIONS, SCAD-2013-63, 2013 OK 109, Decided 12/16/2013

http://www.oscn.net/applications/oscn/deliverdocument.asp?citeid=472452

There is a new official publisher of court opinions in town, and it’s not West Publishing.

On January 1, 2014, Rule 1.200 in Title 12 goes into effect. All Oklahoma practitioners should take note of this new rule affecting appellate procedure and citation format.

The Oklahoma Supreme Court becomes the “official” publisher of the Oklahoma Supreme Court and the Oklahoma Court of Civil Appeals. Whenever either the Supreme Court or the Court of Civil Appeals files an opinion with the Court Clerk, the opinion is published that same day on the home page of OSCN, the Oklahoma Supreme Court Network (http://www.oscn.net).

West Publishing Company, which had been the “official” publisher since January 2, 1954, will remain an “unofficial publisher,” along with the Oklahoma Bar Journal and other publications. Regardless, a parallel citation to the Pacific Reporter, a West publication, is still required by this rule.

If you practice in Oklahoma, you may recall when the Supreme Court started using its public domain citation form in 1997. This is now the required citation format – with some new tweaks.  Among the new requirements are citations to the opinion’s paragraph for spot citations.

The Court also addresses how it will publish Memorandum Opinions and Unpublished Opinions. For the first time, a party or individual who believes an unpublished opinion of the Supreme Court or Court of Appeals has “substantial precedential value” may ask the Court to publish that opinion. Opinions designated for publication only in the Oklahoma Bar Journal (“For Publication in O.B.J”) may not be cited as precedent.

The Rule provides examples of the new variations of the required changes in citation format. The examples are logical, and easy to understand. If you wish to make a positive impression with either Court, I would follow these changes precisely. -CCE

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Increase Credibility With The Court By Writing Accurate Facts And Law.

18 Wednesday Dec 2013

Posted by Celia C. Elwell, RP in Brief Writing, Citations, Discovery, Evidence, Legal Writing, Motions

≈ Comments Off on Increase Credibility With The Court By Writing Accurate Facts And Law.

Tags

(Lady) Legal Writer, Brief Writing, Evidence, Legal Writing, Megan E. Boyd

Commandment #7–Don’t “Fudge” the Facts or the Law, by Megan E. Boyd, (Lady) Legal Writer

http://tinyurl.com/n6qmvqe

Ms. Boyd excels at explaining how to present facts and applicable law to your client’s best advantage. She reminds us to use citations to depositions, discovery responses, and other resources to emphasize credibility, a detail sometimes overlooked. Definitely worth a read. – CCE

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Oklahoma Supreme Court Upholds Constitutionality of Controversial Workers’ Compensation Law

17 Tuesday Dec 2013

Posted by Celia C. Elwell, RP in Employment Law, Oklahoma Supreme Court, Workers' Compensation

≈ Comments Off on Oklahoma Supreme Court Upholds Constitutionality of Controversial Workers’ Compensation Law

Tags

Oklahoma Supreme Court, Randy Ellis, Workers' Compensation

Oklahoma Supreme Court Upholds New Workers’ Compensation Law, by Randy Ellis, NewsOK

http://tinyurl.com/mg65yfj

 

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Affluenza? Don’t Laugh. It Apparently Worked.

14 Saturday Dec 2013

Posted by Celia C. Elwell, RP in Criminal Law, Drunk Driving

≈ Comments Off on Affluenza? Don’t Laugh. It Apparently Worked.

Tags

Affluenza, Criminal Law, Drunk Driving, Ethan Couch, Judge Jean Boyd, Kevin Underhill, Lowering the Bar Blog

Okay, I Thought People Were Using “Affluenza” as a Joke, by Kevin Underhill, Lowering the Bar Blog

http://tinyurl.com/lbc2hmv

You may have heard recently about Ethan Couch, a 16-year old teenager from a wealthy family who stole beer, got drunk, and had a drunk driving accident. He was driving close to 70 miles-per-hour. He hit and killed four people who standing on the side of the road, and injured nine others.

His parents wanted the Court to send their son to a treatment facility in Newport Beach that had “equine therapy.” They reasoned that the accident was their fault. After all, they had allowed their son to start driving when he was 13. They also given him everything he had ever wanted. Obviously, with this incident, they learned their lesson. (That is sarcasm for those who might not recognize it.)

The defense’s psychologist expert witness who testified at trial in support of this young man recommended that the youth should be treated rather than jailed. The expert opined that this 16-year old suffered from “affluenza.” No, this is not a genuine psychological affliction.

The prosecution’s response was that the juvenile justice system also provides therapy. At least everyone agrees that this young man needs counseling and therapy.

It comes as no surprise that this young man has been in trouble before with the police without consequences from the law or his parents. For this drunk driving incident, this young man could have received a twenty year jail sentence. The Judge, the Hon. Jean Boyd, sentenced him to ten years of probation. -CCE

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To Write Well, Learn How to Explain . . . .

14 Saturday Dec 2013

Posted by Celia C. Elwell, RP in Legal Writing

≈ Comments Off on To Write Well, Learn How to Explain . . . .

Tags

(Lady) Legal Writer, Legal Writing, Megan E. Boyd

Commandment #8–Thou Shall Explain the Facts and the Law in an Organized, Coherent Manner, by Megan E. Boyd, (Lady) Legal Writer

http://tinyurl.com/mu85yoq

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No Whining in Opening Argument.

13 Friday Dec 2013

Posted by Celia C. Elwell, RP in Evidence, Making Objections, Opening Argument, Trial Tips and Techniques

≈ Comments Off on No Whining in Opening Argument.

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Demonstrative Exhibits, Dr. Ken Broda-Bahm, Evidence, Objections, Opening Argument, Persuasive Litigator, Trial Tips & Techniques

Don’t Whine About ‘Argumentative’ Demonstratives (and Argue Back Against Whiners), by Dr. Ken Broda-Bahm, Persuasive Litigator

http://tinyurl.com/kb35ho4

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Court Questions Party’s Unexplained Lack Of Cooperation In E- Discovery Production.

13 Friday Dec 2013

Posted by Celia C. Elwell, RP in Discovery, E-Discovery, Intellectual Property, Requests for Production, Trial Tips and Techniques

≈ Comments Off on Court Questions Party’s Unexplained Lack Of Cooperation In E- Discovery Production.

Tags

Algorithm, Biomet, Discovery, E-Discovery, K&L Gates, Keyword Searching, Predictive Coding, Request for Production, Sedona Conference, Seed Set, Steering Committee

Court Declines to Compel Identification of Seed Set, Encourages Cooperation, published by K&L Gates

http://tinyurl.com/leagmr6

In re: Biomet M2a Magnum Hip Implant Prods. Liab. Litig., NO. 3:12-MD-2391, 2013 WL 6405156 (N.D. Ind. Aug, 21, 2013).

Previously in this case, the court ruled that Biomet need not start again on its document production for which it utilized both keyword searching and predictive coding.  (See summary here.)  In this opinion, the court addressed the Steering Committee’s request that the discoverable documents used in Biomet’s seed set be identified and declined to compel such identification.  Despite this, the court noted Biomet’s ‘unexplained lack of cooperation’and urged Biomet to ‘re-think its refusal.’

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Open Notes Increases Patients’ Access to Physician’s Notes and Encourages Transparency.

13 Friday Dec 2013

Posted by Celia C. Elwell, RP in Health Law, Health Reform

≈ Comments Off on Open Notes Increases Patients’ Access to Physician’s Notes and Encourages Transparency.

Tags

Beth Israel Deaconess Medical Center, EHR Intelligence, Geisinger Health System, Harvard Medical School, Health Reform, Jan Walker, Jennifer Bresnick, New England Journal of Medicine, Open Notes, Progress Notes

NEJM: Open EHR Notes Have A Bright Future As Acceptance Grows, by Jennifer Bresnick, EHR Intelligence

http://tinyurl.com/lwte3yg

Physicians are beginning to understand and accept the value of allowing patients to see the majority of their health information, says a perspective piece in the New England Journal of Medicine, and have fewer worries about what patients will do with that data as they adjust to a new level of transparency.  After a wildly successful OpenNotes pilot program conducted at Beth Israel Deaconess Medical Center and the Geisinger Health System, the idea of sharing progress notes and other EHR data with patients is becoming more mainstream as patient engagement turns into a key piece of healthcare reform.

*     *     *

In the perspective, Jan Walker, a registered nurse and researcher at Beth Israel Deaconess Medical Center and Harvard Medical School, and colleagues wrote, ‘The knowledge that patients (and often their families) will have access to records affects the intent and sometimes the content of clinical documentation.’

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Pinstriped – A New Presentations App for Mac With A Tutorial.

13 Friday Dec 2013

Posted by Celia C. Elwell, RP in Legal Technology, Mac, Presentations, Trial Tips and Techniques

≈ Comments Off on Pinstriped – A New Presentations App for Mac With A Tutorial.

Tags

Apps, Cogent Legal Blog, JPEG, Mac, Morgan Smith, Pinstriped, Presentations, Trial Tips & Techniques

How to Make Your Case Presentation More Professional with Pinstriped, by Morgan Smith, Cogent Legal Blog

http://tinyurl.com/lwcuoaj

Morgan Smith explains how to use Pinstriped, this post also includes an one-minute tutorial on how to use it. If you love Mac and use presentations at trial, this is definitely worth a look. – CCE

I discovered a new app that has some exciting possibilities for use in trial or mediation, allowing attorneys to launch and deliver their presentations in a more professional manner.

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Federal Whistleblower News Releases.

13 Friday Dec 2013

Posted by Celia C. Elwell, RP in Employment Law, Whistleblower

≈ Comments Off on Federal Whistleblower News Releases.

Tags

OSHA, U.S. Department of Labor, Whistleblower

United States Department of Labor – OSHA News Releases – Whistleblower

http://tinyurl.com/n7p7e62

Whistleblower News Releases and Case Outcomes, A to Z Index, Regulations, Enforcement, Statistics, FAQs, and more.  – CCE

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Oklahoma Supreme Court Changes Its Mind on Tribal Sovereignty.

11 Wednesday Dec 2013

Posted by Celia C. Elwell, RP in Gaming Law, Jurisdiction, Macros, Native American Law, Oklahoma Supreme Court, Tax Law, Tribal Sovereignty, Venue

≈ Comments Off on Oklahoma Supreme Court Changes Its Mind on Tribal Sovereignty.

Tags

Crowe & Dunlevy, Dram Shop, Tribal Gaming, Tribal Sovereighnty

Oklahoma Supreme Court Does An About-Face on Tribal Sovereignty–Strikes Down Jurisdiction for Tort and Prize Claim and Dram-Shop Lawsuits, by Gerald L. Jackson, Crowe & Dunlevy

http://tinyurl.com/p946bdg

In a significant reversal of several recent decisions, the Oklahoma Supreme Court adopted the position that “courts of competent jurisdiction” in the model gaming compact does not include Oklahoma state courts and that tribes are immune from dram-shop liability in state court unless the tribe expressly waives its sovereignty immunity.

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Beginner’s Guide to Municipal Codes.

10 Tuesday Dec 2013

Posted by Celia C. Elwell, RP in Library of Congress, Municipal Code, Municipal Law, Research

≈ Comments Off on Beginner’s Guide to Municipal Codes.

Tags

Barbara Bavis, Library of Congress, Municipal Code, Robert Brammer

Municipal Codes: A Beginner’s Guide, co-authored by Barbara Bavis and Robert Brammer, Legal Reference Specialists, Law Library, Library of Congress

http://tinyurl.com/mdjuqk2

Great introduction to current and older municipal codes, where to find them, and secondary sources. – CCE

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Google Adds Ten New Chrome Apps.

10 Tuesday Dec 2013

Posted by Celia C. Elwell, RP in Android Phones, Apps, Chrome, Legal Technology

≈ Comments Off on Google Adds Ten New Chrome Apps.

Tags

Android Apps, Android Phones, Apps, Chrome, Chromecast Apps, Jeffrey Taylor, The Droid Lawyer

New Chromecast Apps Available, by Jeffrey Taylor, The Droid Lawyer Blog

http://thedroidlawyer.com/2013/12/new-chromecast-apps-available/

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iPhone J.D. Reports Survey Results on Attorneys’ Use of iPhones and iPads.

10 Tuesday Dec 2013

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

≈ Comments Off on iPhone J.D. Reports Survey Results on Attorneys’ Use of iPhones and iPads.

Tags

Apps, International Legal Technology Association, iPad, iPhone, iPhone J.D. Blog, Jeff Richardson

ILTA Survey Reveals Extensive Lawyer Use Of iPhones, iPads, by Jeff Richardson, iPhone J.D. Blog

http://tinyurl.com/lpj2a7x

 

Jeff Richardson reports on lawyers’ iPhone and iPad use, mobile security, and the top thirty apps. -CCE

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March 24, 2014 Deadline for U.S. Dept. of Labor’s Final Rules Affecting Veterans and Persons With Disabilities.

10 Tuesday Dec 2013

Posted by Celia C. Elwell, RP in Affirmative Action, Disabilities, Employment Law

≈ Comments Off on March 24, 2014 Deadline for U.S. Dept. of Labor’s Final Rules Affecting Veterans and Persons With Disabilities.

Tags

Affirmative Action, JDSupra Law News, Kimberly Korando, Smith Anderson Blount Dorsett Mitchell & Jernigan, U.S. Department of Labor, Veterans, Vietnam Era Veterans Readjustment Assistance Ac

OFCCP Issues Final Rules on Affirmative Action Obligations for Veterans and Persons with Disabilities, by Kimberly Korando, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P. , JDSupra Law News

http://tinyurl.com/k97tbpf

The United States Department of Labor, Office of Federal Contract Compliance Programs (“OFCCP”) has issued two final rules that will require significant changes to covered federal contractors’ and subcontractors’ (“contractors”) affirmative action programs for veterans and individuals with disabilities. One of the new rules makes changes to the regulations implementing the Vietnam Era Veterans Readjustment Assistance Act (“VEVRAA”) and the other relates to Section 503 of the Rehabilitation Act of 1973 (“Section 503”).

Contractors will be required to comply with the new rules effective March 24, 2014 with the exception of Subpart C regulations. The effective date for compliance with Subpart C regulations will vary depending on whether the contractor has an affirmative action plan in place on March 24, 2014. Contractors who do have such plans in place on March 24, 2014 will be permitted to delay compliance with Subpart C until the beginning of their first plan year after March 24, 2014.

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Legislative History’s Importance in Legal Writing.

10 Tuesday Dec 2013

Posted by Celia C. Elwell, RP in Appellate Law, Legal Writing, Legislative History

≈ Comments Off on Legislative History’s Importance in Legal Writing.

Tags

Kathleen Trafford, Legal Writing, Legislative History, Ohio Lawyer, Ohio State Bar, Porter Wright, Supreme Court

From Ohio Lawyer: The importance of legislative history in Supreme Court decisions, by Porter Wright

http://tinyurl.com/kvtcp9m

Kathleen Trafford, a partner in Porter Wright’s Litigation Department, published the article “The importance of legislative history in Supreme Court decisions” in the September/October issue of Ohio Lawyer, the magazine of the Ohio State Bar Association. 

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Legal Rules Needed For Police To Allow Access To Your Cell Phone Data.

08 Sunday Dec 2013

Posted by Celia C. Elwell, RP in Android Phones, Cell Phones, Criminal Law, Evidence, iPhones, Privacy, Subpoenas

≈ Comments Off on Legal Rules Needed For Police To Allow Access To Your Cell Phone Data.

Tags

Cell Phones, Crime, John Kelly, New Jersey, Police, Susanne Cervenka, T-Mobile, USA TODAY

Cell Data Dumps: A Legally Fuzzy Area, by John Kelly and Susanne Cervenka, USA TODAY

http://tinyurl.com/k9kudm2

The rules governing how police obtain and use data from cellphones is a target on the move, as state legislatures act to protect residents’ privacy and real-life criminal cases wend their way through state and federal courts.

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EPA Standard for Lead Poisoning Will Not Change In Spite of Evidence That Harm Exists.

07 Saturday Dec 2013

Posted by Celia C. Elwell, RP in Federal Law, Personal Injury

≈ Comments Off on EPA Standard for Lead Poisoning Will Not Change In Spite of Evidence That Harm Exists.

Tags

Allison Young, EPA, Howard Mielke, Lead poisoning, Tulane University Medical School, USA TODAY

EPA Fails To Revise Key Lead-Poisoning Hazard Standards, by Allison Young, USA TODAY

http://tinyurl.com/kk9b5kv

‘It’s outrageous we aren’t acting on what we know,’ said Howard Mielke, a soil contamination expert at Tulane University’s medical school. Mielke served on an EPA lead advisory panel that gave input on revising the agency’s house dust standard for lead more than two years ago. He said the soil standard also is too high to protect kids from harm.

 

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Stolen Passwords – Is It Too Late?

07 Saturday Dec 2013

Posted by Celia C. Elwell, RP in Adobe Acrobat, Passwords, Search Enginges, Using Social Media

≈ Comments Off on Stolen Passwords – Is It Too Late?

Tags

Adobe Acrobat, Larry Seltzer, Password Managers, Passwords, ZDNet Blog

How to find out if your password has been stolen, by Larry Seltzer for Zero Day, ZDNet Blog

http://tinyurl.com/qcgnlzx 

There are many public databases of breached accounts, the largest breach being that of Adobe.com, but no way to search across all of them. Until now.

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Two Million Passwords Stolen from Google, Yahoo, ADP, and Social Media – Make Sure Yours Wasn’t One of Them.

07 Saturday Dec 2013

Posted by Celia C. Elwell, RP in Passwords, Social Media

≈ Comments Off on Two Million Passwords Stolen from Google, Yahoo, ADP, and Social Media – Make Sure Yours Wasn’t One of Them.

Tags

Facebook, Farmville, Google, LinkedIn, Pony Botnet, Spiderlab, Summary Trustwave, Twitter, Yahoo, ZDNet Blog

Two Million Stolen Facebook, Twitter, Yahoo, ADP Passwords Found on Pony Botnet Server, by Violet Blue for Zero Day, ZDNet Blog

http://tinyurl.com/pnw3o72

This website also includes a way to find out whether your passwords were stolen. – CCE

Summary: Trustwave’s SpiderLabs found a Pony Botnet Controller server holding over two million passwords and account credentials for ADP payroll, Facebook, Twitter, Yahoo and more belonging to victims around the world.

     *        *     *

Interest turned to stunned surprise when the researchers uncovered a Pony Botnet server stabling over two million account credentials and passwords for Facebook, Yahoo, Google, Twitter, Linkedin, Odnoklassniki (the second largest Russian social network site) and more.

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How Soon Will Everything On The Internet Be Encrypted?

07 Saturday Dec 2013

Posted by Celia C. Elwell, RP in Encryption, Legal Technology

≈ Comments Off on How Soon Will Everything On The Internet Be Encrypted?

Tags

Alan Greenberg, Google, HTTP, InfoWorld, Internet Encryption, Ride the Lightning!, Sharon Nelson, The Atlantic, Yahoo

Coming Soon: An Encryption by Default World, by Sharon D. Nelson, Esq., Ride the Lightning!

 http://tinyurl.com/lly66n6

With Yahoo promising “encryption everywhere,” Google moving to 2,048-bit certificates by year’s end, HTTP 2.0 to be automatically encrypted, and a renewed interested in secure email, we’ve entered a new phase: the era of encryption by default over the network — and maybe everywhere else, too.

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Tech Toys for the Holidays.

07 Saturday Dec 2013

Posted by Celia C. Elwell, RP in Legal Technology

≈ Comments Off on Tech Toys for the Holidays.

Tags

Jim Calloway, Jim Calloway's Law Practice Tips Blog, Legal Technology, Sharon Nelson, Tech Toys, The Digital Edge

 Our Favorite Podcast of the Year – Tech Toys for the Holidays, by Jim Calloway, Jim Calloway’s Law Practice Tips Blog

http://tinyurl.com/mzfsqsb

For those who made Santa’s “nice list!” – CCE

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The Art of Choosing the Right Word to Persuade the Court.

07 Saturday Dec 2013

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

≈ Comments Off on The Art of Choosing the Right Word to Persuade the Court.

Tags

Brief Right, Brief Writing, Kelly Griffis, Legal Writing

White Mountain Apache Tribe I, by Kelly Griffis, Brief Right!

http://briefright.com/white-mountain-apache-tribe-i/

If you have not already taken a look at this Blog, it is all about editing and drafting excellent briefs. In this post, Ms. Griffis looks at a particular case and shows how the government chose specific words to undermine the other side’s position and build on its own case. -CCE

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Teaching Metadata and ABA Metadata Ethics Opinion Chart.

07 Saturday Dec 2013

Posted by Celia C. Elwell, RP in Legal Ethics, Legal Technology, Metadata, Research

≈ Comments Off on Teaching Metadata and ABA Metadata Ethics Opinion Chart.

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ABA, Ethics Opinions, Legal Research, Metadata, RIPS Law Librarian Blog, Shawn Friend

Teaching Metadata As Part Of Legal Research, by Shawn Friend, RIPS Law Librarian Blog

http://tinyurl.com/kgbsmb8

Please note the ABA Chart in the quote below. If you have trouble with the link, try:  http://tinyurl.com/4fld5lt. The chart is definitely worth a bookmark. -CCE

This issue has been around for some time. The ABA has formal ethics opinions on the release of and use of metadata. There is a compiled chart of action taken on metadata by the state bars or ethics commissions.

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