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The Researching Paralegal

~ Articles and Research for Legal Professionals

The Researching Paralegal

Monthly Archives: April 2014

Smelling Pot From A Moving Car With Closed Windows.

13 Sunday Apr 2014

Posted by Celia C. Elwell, RP in Criminal Law, Drug Possession, Fourth Amendment - Search & Seizure, Governmental Tort Claim Act, Probable Cause

≈ Comments Off on Smelling Pot From A Moving Car With Closed Windows.

Tags

CrimProf Blog, CrimProf BlogEditor, Fourth Amendment, Law Enforcement, Marijuana, Police, Probable Cause, Washington Post

Smelling Pot From A Moving Car With Closed Windows, By CrimProf BlogEditor, CrimProf Blog

http://tinyurl.com/qxt6xyu

FourthAmendment.com links to this piece at the Washington Post, discussing the ease with which police can stop cars that they suspect might be carrying drugs. Among the most interesting aspects is the discussion of cases in which cops in moving cars with closed windows claim to smell pot in other moving cars with closed windows. . . .

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Korean Samsung Workers Dying of Leukemia and Other Rare Cancers.

12 Saturday Apr 2014

Posted by Celia C. Elwell, RP in Android Phones, Employment Law, International Law, Legal Technology, Workers' Compensation

≈ Comments Off on Korean Samsung Workers Dying of Leukemia and Other Rare Cancers.

Tags

Android Phones, Another Promise, Cancer, Empire of Shame, Korea, Leukemia, Samsung, Semiconductor Factory, South Korea

Samsung’s War at Home, by Cam Simpson, Technology, Bloomberg’s Week

http://tinyurl.com/nltoss3

Just inside his single-story home, built of concrete blocks and coated in turquoise paint, Hwang Sang-ki, a 58-year-old Korean taxi driver, sits on a floor mat. He’s clasping a small handbag, once bright white and now dull after years on a shelf. He pulls out a snapshot of 13 smiling young women, all co-workers at Samsung Electronics (005930:KS), off-duty and posing in three rows, each embracing or leaning into the other. The leaves of a tree behind them are turning golden in the autumn chill.

‘Here,’ says Hwang, pointing to two women in the center of the group. Both had the same job at the same semiconductor factory, on the same line, standing side by side at the same workstation, dipping computer chips into the same vat of chemicals. Both got a particularly aggressive form of the blood cancer known as acute myeloid leukemia. One was his daughter, Yu-mi. In South Korea, only about 3 out of every 100,000 people die of leukemia. ‘They worked together, and they died,’ says Hwang. The snapshot is among a few private memories Hwang keeps of his late daughter.

The story of the two women, and dozens of Samsung workers with leukemia and other rare cancers, is now a very public one in South Korea. In February and March, Koreans could see two movies depicting the seven-year battle led by the Hwangs and other families against Korea’s biggest and most influential corporation. . . .

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What Are The Implications of DC Circuit Upholding Citation Against Seaworld?

12 Saturday Apr 2014

Posted by Celia C. Elwell, RP in Appellate Law, District of Columbia Circuit Court of Appeals, Environment Law, OSHA

≈ Comments Off on What Are The Implications of DC Circuit Upholding Citation Against Seaworld?

Tags

Environmental and Safety Law Update, General Duty Clause, Kerry Mohan, Killer Whales, Meagan Newman, OSHA, Seaworld, Seyfarth Shaw

DC Circuit Upholds OSHA Citation Against Seaworld: What Does This Mean For The Circus, Football . . . Healthcare Providers?, by Meagan Newman and Kerry Mohan, Seyfarth Shaw’s Environmental and Safety Law Update

http://tinyurl.com/lcsckk3

‘When should we as a society paternalistically decide that the participants in these sports and entertainment activities must be protected from themselves – that the risk of significant physical injury is simply too great even for eager and willing participants? And most importantly for this case, who decides that the risk to participants is too high?’ This is the question posed by Judge Kavanaugh in his dissent to the Court’s opinion in SeaWorld of Florida, LLC (‘SeaWorld’) v. Thomas Perez, (No. 12-1375), issued this morning.  . . .

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Civil Appeals.

12 Saturday Apr 2014

Posted by Celia C. Elwell, RP in Appellate Law, Designations of the Record, Oklahoma Civil Appellate Procedure, Oklahoma Supreme Court

≈ Comments Off on Civil Appeals.

Tags

Civil Appeals, Lori Spencer, Oklahoma, P., The Haubrich Law Firm, The Record

Civil Appeals in Oklahoma, by Lori Spencer, The Haubrich Law Firm, P.C.

Continue reading →

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Using Animation At Trial.

12 Saturday Apr 2014

Posted by Celia C. Elwell, RP in Evidence, Exhibits, Jury Persuasion, Legal Technology, Litigation, Presentations, Trial Tips and Techniques

≈ Comments Off on Using Animation At Trial.

Tags

Animation, Dr. Ken Broda-Bahm, Evidence, The Persasive Litigator, Trial Tips and Techniques

Animate: Give Your Jurors Three Dimensions, or More, by Dr. Ken Broda-Bahm, The Persasive Litigator

http://tinyurl.com/m75du78

[I]In trial, we know that demonstrative exhibits are often seen as playing a secondary role: second to evidence and second to the verbal explanation. The higher-end animations, however, are often an even more distant second (or third, or fourth) to exhibits that can be created more simply or more cheaply. Understanding that not all, or even most, cases will be able to afford or to merit the higher-end demonstrative animations, it is still worth it to pay attention to the state of the art and to think about how this technology can be brought to bear when it matters most. The good news is that creating sophisticated graphics is easier and cheaper than it has ever been before. Laptops now surpass what the best production workstations could have created in earlier times. A skilled computer animator can take an idea from design to execution in less time and expense than you might think. . . .

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More on Heartbleed.

12 Saturday Apr 2014

Posted by Celia C. Elwell, RP in Android Phones, Apple, Apps, Cell Phones, Chrome, Clouds, Heartbleed, Malware

≈ Comments Off on More on Heartbleed.

Tags

Computer Virus, Computers, Divorce Discourse, Hackers, Heartbleed, Lee Rosen, Malware, Passwords

Heartbleed Security Flaw Got You Worried? Good., by Lee Rosen, Divorce Discourse

http://www.divorcediscourse.com/heartblead-security-flaw-worried-good/

If I haven’t gotten your attention yet, more on Heartbleed. -CCE

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The Heartbleed Bug – What Is It And What To Do About It.

12 Saturday Apr 2014

Posted by Celia C. Elwell, RP in Android Phones, Apps, Cell Phones, Chrome, Clouds, Computer Virus, Legal Technology, Malware

≈ Comments Off on The Heartbleed Bug – What Is It And What To Do About It.

Tags

Computer Security, Fraud Alert, Hackers, Heartbeat Bug, Identity Theft, Passwords, PC Magazine, PCMag, Scammers

Heartbleed: The Complete Rundown, by PCMag Staff http://tinyurl.com/muscrx5 The Heartbeat Bug was THE news this week.  Knowing that it is here, and cannot be avoided is one thing.  Knowing about to do about it is critical. Change your passwords, especially to to online banking, e-mail, apps, and other things we’ve taken for granted. -CCE

The Heartbleed bug is the big news in tech this week, an exploit that has been in the wild since 2012 and has left countless Internet users open to scammers. PCMag and the SecurityWatch team have been keeping tabs on all the news, so check out our coverage below, and check back for updates. . . .

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Tech Tool Advice from Jim Calloway.

06 Sunday Apr 2014

Posted by Celia C. Elwell, RP in Legal Technology

≈ Comments Off on Tech Tool Advice from Jim Calloway.

Tags

Google, Jim Calloway, Jim Calloway’s Legal Tips Blog, Legal Technology, Oklahoma Bar Journal, Tech Tools

What Tech Tool Should I Use to Do That?, by Jim Calloway, Jim Calloway’s Legal Tips Blog

http://www.lawpracticetipsblog.com/2014/03/what-tech-tool.html

How do I do that? It is one of the challenges we all live with in today’s times. We need to do something with our technology, and we are aware that there are technology tools to do it. We just aren’t sure which of the many available tools is appropriate and how much training, installation and setup will be required to make it happen.

So, in my February Oklahoma Bar Journal column, I decided to cover a few of these tools in What Tech Tool Should I Use to Do That? In particular, I wanted to note the changes in Google and tools that help with the need for stronger passwords. I hope this works as a sort of basic training for the lawyer who uses technology– or anyone. . . .

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Appellate Judges Give Advice On Winning An Appeal.

06 Sunday Apr 2014

Posted by Celia C. Elwell, RP in 5th Circuit Court of Appeals, Appellate Judges, Appellate Law, Bad Legal Writing, Brief Writing, Citations, Judges, Legal Analysis, Legal Argument, Legal Writing, Proofreading, Texas Supreme Court

≈ Comments Off on Appellate Judges Give Advice On Winning An Appeal.

Tags

Appellate Briefs, Appellate Judges, Appellate Law, Chad M. Ruback, Dallas Bar Association Judiciary Committee, Fifth Circuit Court of Appeals, Legal Analysis, Legal Writing, Texas, Texas Supreme Court

Appellate Judges Tell Dallas Lawyers How to Handle an Appeal, By Chad M. Ruback, Appellate Lawyer

http://tinyurl.com/ousooh9

The Dallas Bar Association Judiciary Committee recently hosted a panel discussion with three prominent appellate judges.  Catharina Haynes is the only federal appellate judge in the Dallas-Fort Worth area.  After years of sitting as a Dallas state trial court judge, she was appointed to sit on the Fifth Circuit Court of Appeals.  Debra Lehrmann is the only Texas Supreme Court justice from Fort Worth.  Along with Chief Justice Nathan Hecht, she is one of only two Texas Supreme Court justices who began judicial service in North Texas.  After a distinguished career in a large Dallas law firm, Elizabeth Lang-Miers serves as a justice on the Fifth District Court of Appeals, which reviews the cases from Texas state trial courts in Dallas County and five other counties.

The three panelists offered a number of helpful tips for lawyers practicing before appellate courts. . . .

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Guide to Canadian Legal Research

06 Sunday Apr 2014

Posted by Celia C. Elwell, RP in Canada, International Law

≈ Comments Off on Guide to Canadian Legal Research

Tags

Canadian Electronic Research, Canadian Legal Research, Canadian Legal Research Blog, Canadian Research & Writing., Canadian Research Essentials, Canadian Statutory Research, Catherine Best

Best Guide to Canadian Legal Research, by Catherine Best, Canadian Legal Research Blog

http://legalresearch.org/blog/

This is a great resource for those interested in legal research of Canadian law. Other than the blog, it has sections for Research Essentials, Electronic Research, Statutory Research, and Research & Writing.  -CCE

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Legal Research Tutorials.

05 Saturday Apr 2014

Posted by Celia C. Elwell, RP in Administrative Law, Case Law, Legal Directories, Legal Encyclopedia, Legislation, Legislative History, Mandatory Law, Primary Law, Regulations, Research, Secondary Resources, State Law, Statutes

≈ Comments Off on Legal Research Tutorials.

Tags

Administrative Law, Bloomberg Law, Case Law, Georgetown Law Library, Legal Research, Legislative History, Secondary Resources, Statutory Law, Tutorials

Legal Research and Writing Tutorials, Georgetown Law Library

http://www.law.georgetown.edu/library/research/tutorials/lrw.cfm

This link will lead you to these tutorials. -CCE

  • Administrative Law Research Tutorial
  • Bloomberg Law Tutorials
  • Case Law Research Tutorial
  • Legislative History Research Tutorial
  • Secondary Sources Tutorial
  • Statutory Research Tutorial

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The Court’s Plan for Hurricane Sandy Litigation.

05 Saturday Apr 2014

Posted by Celia C. Elwell, RP in Court Orders, Federal Judges, Insurance Law, Judges, Litigation, New Jersey District Court of Appeals

≈ Comments Off on The Court’s Plan for Hurricane Sandy Litigation.

Tags

Case Management, Chief Judge Jerome B. Simandle, Flood Insurance, Hurricane Sandy, Litigation, National Flood Insurance Program, New Jersey

Public Meeting Leads to Plan Speeding Hurricane Sandy Litigation, United States Courts Blog

http://tinyurl.com/obrkuue

Nearly a year and a half after Super Storm Sandy, New Jersey is seeing another wave. This time, it’s a surge in federal cases involving flood insurance carriers.

‘These cases are hitting our docket very hard,’ said Chief Judge Jerome B. Simandle, New Jersey District Court. ‘We have over 600 Hurricane Sandy cases now and we expect the final number could be as many as 2,000.’

With such a large and growing number of cases, Simandle took the lead. He called a public meeting to hear from homeowners, attorneys and other interested groups. On March 20th, the district’s Board of Judges adopted a plan for management of the Super Storm Sandy litigation, contained in a Standing Order and a 15-page Hurricane Sandy Case Management Order No. 1, which are available on the court’s website. . . .

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Latest U.S. Supreme Court Opinion Rejects Campaign Spending Limits.

05 Saturday Apr 2014

Posted by Celia C. Elwell, RP in Appellate Judges, Campaign Contributions, Government, Judges, United States Supreme Court

≈ Comments Off on Latest U.S. Supreme Court Opinion Rejects Campaign Spending Limits.

Tags

Campaign Finance, Citizens United, FRONTLINE, Lawrence Hurley, PBS, ProPublica, Republican National Committee, Reuters, Super PACs, U.S. Supreme Court

Supreme Court’s Rejection Of U.S. Campaign Funding Limits Opens Door For Big-Money Donors, by Lawrence Hurley, Reuters with additional reporting by David Morgan, Gabriel Debenedetti, Andy Sullivan and Jeff Mason; Editing by David Lindsey, Howard Goller and Dan Grebler

http://tinyurl.com/qhhqf9e

The U.S. Supreme Court on Wednesday struck down a key pillar of federal campaign finance law by allowing donors to give money to as many political candidates, parties and committees as they wish.

In the latest in a series of decisions by the high court that have given big-money donors more influence in U.S. elections, the justices rejected the overall limits on how much individuals can donate during a federal two-year election cycle. . . .

And

Big Sky, Big Money, FRONTLINE in collaboration with PBS Election Marketplace (video) (related to Citizens United v. Federal Election Commission)

http://tinyurl.com/laou3aq

You will find additional links related to the post above by ProPublica and FRONTLINE on the same page. -CCE

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Duty to Arbitrate Survives End of Employment Contracts.

05 Saturday Apr 2014

Posted by Celia C. Elwell, RP in Arbitration, Arbitration, Collective Bargaining, Employment Contracts, Employment Law, Fair Labor Standards Act, United States Supreme Court

≈ Comments Off on Duty to Arbitrate Survives End of Employment Contracts.

Tags

Arbitration, Baker & Hostetler, Class Action, Employment Contract, FLSA, Gregory V. Mersol, Mortgage Loan Officers, U.S. Court of Appeals for the Sixth Circuit, U.S. Supreme Court

Sixth Circuit Holds That Duty To Arbitrate Survives Expiration Of Employment Contract, Requires Individual Arbitration, by Gregory V. Mersol, Baker & Hostetler

http://tinyurl.com/q7yg9s5

With the Supreme Court having issued a series of decisions overruling many of the roadblocks to the enforcement of arbitration agreements in the class context, we are now seeing more courts fill in the gaps as to whether and when employers may rely on such agreements.

The latest of these is the case of Huffman v. The Hilltop Companies, LLC, Case No. 13-3938 (6th Cir. Mar. 27, 2014), which concerned the question of whether the duty to arbitrate and limits to class arbitration extend beyond termination.  In one respect, the decision was obvious, but in another, it represents the growing, if at time reluctant, acceptance by courts of the enforceability of arbitration agreements. . . .

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Manhattan Court Reporter Kept Writing “I Hate My Job.”

05 Saturday Apr 2014

Posted by Celia C. Elwell, RP in Court Reporters, Evidence, Transcripts

≈ Comments Off on Manhattan Court Reporter Kept Writing “I Hate My Job.”

Tags

Alcoholism, Bruce Golding, Court Reporter, Court Stenographer, Daniel Kochanski, Laurel Babcock, Manhattan, New York, New York Post, Rebecca Rosenberg, Reuven Fenton, Steven Hirsch, Transcripts

Rogue Alcoholic Court Reporter Kept Writing ‘I Hate My Job’, by Rebecca Rosenberg, Reuven Fenton and Bruce Golding with additional reporting by Steven Hirsch and Laurel Babcock, New York Post

http://tinyurl.com/q3m3b9z

An alcoholic Manhattan court stenographer went rogue, channeling his inner ‘Shining’ during a high-profile criminal trial and repeatedly typing,’ hate my job, I hate my job’ instead of the trial dialogue, sources told The Post.

The bizarre antics by Daniel Kochanski, who has since been fired, wreaked havoc on some 30 Manhattan court cases, sources said, and now officials are scrambling to repair the damage.

One high-level source said his ‘gibberish’ typing may have jeopardized hard-won convictions by giving criminals the chance to claim crucial evidence is missing.

Kochanski’s botched transcripts include the 2010 mortgage-fraud trial of Aaron Hand, who was also convicted of trying to hire a hit man to take out a witness against him.

A source familiar with the case said Kochanski’s transcripts of that trial were a total mess.

‘It should have been questions and answers — instead it was gibberish,’ the source said. . . . .

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OSHA’s Interim Final Rule for Whistleblowers.

05 Saturday Apr 2014

Posted by Celia C. Elwell, RP in Dodd-Frank’s Consumer Financial Protection Act, Employment Law, Government, OSHA, Whistleblower

≈ Comments Off on OSHA’s Interim Final Rule for Whistleblowers.

Tags

Ada Dolph, Craig Simonsen, Dodd-Frank’s Consumer Financial Protection Act, Environmental & Safety Law Update, James Curtis, OSHA, Seyfarth Shaw LLP, Whistleblower, Workplace Whistleblower Perspective

OSHA Issues Its Interim Final Rule On Whistleblowers Procedures Under Dodd-Frank’s Consumer Financial Protection Act, by Seyfarth Shaw LLP, Environmental & Safety Law Update

http://tinyurl.com/kn23fwt

You may have to go to the post to access its internal hyperlinks. -CCE

OSHA yesterday announced its interim final rule for “Procedures for Handling Retaliation Complaints Under the Employee Protection Provision of the Consumer Financial Protection Act of 2010,” 79 Fed. Reg. 18630 (April 3, 2014).  These rules are in effect immediately, but could be revised by OSHA after the comment period.

James Curtis, Ada Dolph, and Craig Simonsen have prepared a Workplace Whistleblower Perspective that reviews and provides analysis of the new interim final rule. Check it out here.

The interim final rule is effective on April 3, 2014, with comments submitted to Docket No. OSHA–2011–0540 due by June 2, 2014.

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Murder Charge Rejected in Mississippi Fetal Harm Case.

05 Saturday Apr 2014

Posted by Celia C. Elwell, RP in Criminal Law, Drug Possession, Life Term, Manslaughter, Mississippi Supreme Court, Murder

≈ Comments Off on Murder Charge Rejected in Mississippi Fetal Harm Case.

Tags

Drug Use, Fetal Harm, Manslaughter, Mississippi, Murder Charge, National Advocates for Pregnant Women, Nina Martin, ProPublica, Stillborn Baby, Teen Pregnancy

Judge Throws Out Murder Charge in Mississippi Fetal Harm Case, by Nina Martin, ProPublica

http://tinyurl.com/k652sjc

The ruling means that the woman whose drug use had her facing a possible life term can at most be charged with manslaughter in the death of her stillborn daughter. . . . .

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Heads’ Up Window XP Users! The Last Weekend Is Here.

05 Saturday Apr 2014

Posted by Celia C. Elwell, RP in Legal Technology, PC Computers, Windows, Windows XP

≈ Comments Off on Heads’ Up Window XP Users! The Last Weekend Is Here.

Tags

Ian Paul, Microsoft, PC Computers, PC World, Security Updates, Windows XP

5 Key Things Windows XP Users Need To Know Before Buying A New PC, by Ian Paul, PC World

http://tinyurl.com/kbq3q6w

On Tuesday, April 8, Microsoft will bid adieu to Windows XP, delivering the final security updates for the twelve year-old OS. While many XP users out there plan on keeping their PC—with or without Microsoft’s support—many others are looking to at long last switch to a new computer.

Computer technology has changed a lot since the turn of the century, however. So as we head into XP’s final weekend, here are a few key things to keep in mind if you’re a displaced Windows XP lover on the lookout for a new PC. . . .

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Jim Calloway And The ABA TECHSHOW.

05 Saturday Apr 2014

Posted by Celia C. Elwell, RP in Law Office Management, Legal Blogs, Legal Technology, Management, Marketing, Technology, Time Management, Using Social Media

≈ 1 Comment

Tags

60 Sites In 60 Minutes, ABA Journal, American Bar Association, Jim Calloway, Jim Calloway's Law Practice Tips Blog, Natalie R. Kelly, Oklahoma Bar Association, Sharon Nelson, The Digital Edge: Lawyers and Technology

ABA TECHSHOW 2014 – Interview with The TECHSHOW Chair, by Jim Calloway, Jim Calloway’s Law Practice Tips Blog

http://tinyurl.com/khy3wwj

If you are interested in legal technology and law office management and you don’t know about Jim, it’s time to get acquainted. Jim Calloway is the Director of the Management Assistance Program of the Oklahoma Bar Association.  He is a nationally recognized expert, and the recognition is well deserved. Among other things, he produces, with Sharon Nelson, The Digital Edge: Lawyers and Technology, a monthly podcast. You will also find his articles on the ABA’s and Oklahoma Bar Association’s websites.

In this post, he shares an interview with Techshow Chair, Natalie R. Kelly, 60 Sites in 60 Minutes lineup, the ABA Journal article on the program, and 60 sites list. Really good stuff. -CCE

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2014 ABA Techshow’s 60 Apps in 60 Minutes.

05 Saturday Apr 2014

Posted by Celia C. Elwell, RP in Android Phones, Apple, Apps, Cell Phones, iPad, iPhones, Legal Technology, LexisNexis, Tablets, Westlaw

≈ Comments Off on 2014 ABA Techshow’s 60 Apps in 60 Minutes.

Tags

ABA TECHSHOW, Chad Burton, iPhone J.D. Blog, Jeff Richardson, Reid Trautz, rett Burney

60 Apps in 60 Minutes 2014, by Jeff Richardson, iPhone J.D. Blog

http://tinyurl.com/ptlnlne

Old, new, free, and with a fee. Absolutely worth taking a look. -CCE

 [A]t ABA TECHSHOW in Chicago, Brett Burney, Chad Burton, Reid Trautz and I presented the 2014 installment of 60 Apps in 60 Minutes.  We highlighted a variety of apps including some great new apps, some perennial favorites, and some that were thrown in mostly for the entertainment value.  Here is a the full list.  Many apps are free, but note that some of those require subscriptions or can have extra fees associated with them (e.g. the WestlawNext and Lexis Advance apps).  All of them are worth taking a look at. . . .

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Alternative to Adobe Acrobat Pro? The Price Is Right.

03 Thursday Apr 2014

Posted by Celia C. Elwell, RP in Adobe Acrobat, Legal Technology

≈ 1 Comment

Tags

Adobe Acrobat Pro, CutePDF Professional, Dragon, Nuance Power PDF Advanced, Robert Ambrogi’s LawSites

Nuance Takes on Acrobat Pro — At 1/3 the Price, by Robert Ambrogi, Robert Ambrogi’s LawSites

http://tinyurl.com/lsllqof

Professional-strength PDF software is a must-have for lawyers, and the gold standard for PDF software has always been Adobe Acrobat Pro. But at Acrobat Pro’s current retail price of $449, many lawyers, especially in smaller firms, opt for more budget-friendly alternatives, such as CutePDF Professional, which I reviewed here several years ago.

Now there is another choice. Today, Nuance Communications — maker of the Dragon speech recognition software — is launching Nuance Power PDF Advanced, a full-featured professional PDF program, with all the features businesses — including lawyers — would expect in such a program. Notably, Nuance has set the price of Power PDF at $149.99 — a third the cost of Acrobat Pro — with volume discounts available.  (A 30-day free trial is available.) . . . .

 

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Freedom of Information Letter-Writing Tool.

02 Wednesday Apr 2014

Posted by Celia C. Elwell, RP in Freedom of Information Act, Government

≈ Comments Off on Freedom of Information Letter-Writing Tool.

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FOIA, FOIA Letter Generator, Freedom of Information Act, The Rutgers Camden Law Library Blog

FOIA Letter Generator, by Law Librarian, The Rutgers Camden Law Library Blog

http://camdenlaw.wordpress.com/2014/01/28/foia-letter-generator/

A tool for generating Freedom of Information letters. -CCE

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Judges Prefer “Plain Language.” If This Is True, Then Why Don’t We Use It?

01 Tuesday Apr 2014

Posted by Celia C. Elwell, RP in Appellate Judges, Citations, Federal Judges, Footnotes, Judges, Legal Analysis, Legal Argument, Legal Writing, Legalese, Texas Supreme Court

≈ Comments Off on Judges Prefer “Plain Language.” If This Is True, Then Why Don’t We Use It?

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Bryan Garner, Clarence Darrow, Joseph Kimble, Legal Writing, Michigan Bar Journal, Oliver Wendell Holmes, Plain English Submittee, Plain Language, Texas Plain Language Committee

 Judges on Effective Writing: The Importance of Plain Language, by Bryan Garner, Michigan Bar Journal Plain Language Committee

http://tinyurl.com/qf8fhsf

 (‘‘Plain Language’’ is a regular feature of the Michigan Bar Journal, edited by Joseph Kimble for the Plain English Subcommittee of the Publications and Website Advisory Committee. We seek to improve the clarity of legal writing and the public opinion of lawyers by eliminating legalese. Want to contribute a plain-English article? Contact Prof. Kimble at Thomas Cooley Law School, P.O. Box 13038, Lansing, MI 48901. For information about the Plain English Committee, see our website—http://www.michbar.org/generalinfo/plainenglish/home.cfm.)

Lawyers are notoriously poor at gauging what judges prefer in legal writing. Too many of us believe, for example, that judges expect us to use legalese. In 1991, when the Texas Plain-Language Committee surveyed all the state district and appellate judges in Texas, we found that more than 80 percent prefer plain language (Plaintiff complains of Defendant and says) over legalese (Now comes the Plaintiff, by and through his attorneys of record, Darrow and Holmes, and for his Original Petition in this cause would respectfully show unto the Court the following). Indeed, several judges responded to the survey with a plea that we stamp out legalese once and for all. . . .

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A Recommendation for Legal Writing Experts.

01 Tuesday Apr 2014

Posted by Celia C. Elwell, RP in ALWD, Brief Writing, Citations, Footnotes, Legal Analysis, Legal Argument, Legal Writing, Parentheses, Spell Checking, The Bluebook

≈ Comments Off on A Recommendation for Legal Writing Experts.

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Advanced Legal Writing & Editing, Bryan Garner, Legal Writing, Making Your Case, Raymond Ward, the (new) legal writer, The ALWD Citation Manual, The Bluebook, The Redbook

The Redbook (3d ed.), by Raymond Ward, the (new) legal writer blog

http://tinyurl.com/nlqx3zy

If Raymond Ward says it, you can take it to the bank. I have followed his legal writing blog for years. Look for sound advice on superb legal writing. -CCE

Today I attended a triple-feature CLE by Bryan Garner: Advanced Legal Writing & Editing, The Redbook, and Making Your Case. To see whether Bryan’s spring tour will visit your city, click here to see the schedule. What I want to talk about this evening is what I learned in the Redbook portion of the seminar.

For years, I have had the first edition of the Redbook on my office bookshelf. For those unfamiliar with this book, it’s a style manual for legal writers. If you have a question about the right word, right punctuation, or right way to do something in legal writing, this book endeavors to answer your question. I’ve found it a useful reference for answering questions that arisen when writing a brief or editing another’s brief.

First, this preface: I am not one who immediately buys the next edition of whatever if the current edition remains serviceable. I use so-called outdated versions of the Bluebook and ALWD Citation Manual, because they still answer any question I have ever had about how to cite something. So since the first edition of the Redbook has served me well, I did not rush out to buy the second or third editions.

Having said that, here is my point: if you don’t have the third edition, get it. . . .

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