Premises Considered – Legalese Or The Way It Should Be Done?

04 Saturday Jul 2015

Posted by Celia C. Elwell, RP in Legal Argument, Plain Language, Readability

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Legal Writing Net Blog, Legalese, Premises Considered, Wayne Scheiss

Wherefore Premises Considered? by Wayne Scheiss, Legal Writing Net Blog

http://www.utexas.edu/law/faculty/wschiess/legalwriting/2005/03/wherefore-premises-considered

When I worked as a legal secretary, I typed the archaic phrase “premises considered” so many times in pleadings, orders, brief, and all types of legal documents. No one ever explained what it meant, but the author was certainly upset if it was omitted. The reason for insisting that this phrase be added? It made the document sound more legal.

They were so used to seeing this phrase, although they did not know its meaning, that it simply did not look right without it. This is reason given by most followers of legalese. They cannot explain what it means – it just looks wrong without it. Is that really a sufficient reason to include it? -CCE

Is it okay to eliminate phrases like WHEREFORE PREMISES CONSIDERED and other such verbiage from the prayer in a complaint? And what is the proper substitute?

Yes, it is okay to eliminate these words. In fact, I highly recommend it. . . .

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Detailed Databases on Fatal Shootings By Law Enforcement.

04 Saturday Jul 2015

Posted by Celia C. Elwell, RP in Civil Rights, Excessive Force

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beSpacific Blog., Civil Rights, Excessive Force, Law Enforcement, Sabrina I. Pacifici, The Counted, The Guardian, The Washington Post, Wrongful Death

Washington Post Database Collecting Data On Citizen Killings By Police, by Sabrina I. Pacifici, BeSpacific Blog

http://www.bespacific.com/washington-post-database-collecting-data-on-citizen-killings-by-police/

Both The Washington Post and The Guardian have created databases to track numerous details of every fatal shooting by a police officer and other law enforcement in the line of duty in the United States. The Guardian’s project is called “The Counted.” Both the Post and The Counted seek the public’s input, photographs, and videos in an attempt to make their respective databases as comprehensive as possible. -CCE

Who Has Your Back – Digitally Speaking?

04 Saturday Jul 2015

Posted by Celia C. Elwell, RP in 1986 Electronic Communications Act, Computer Forensics, Cybersecurity, Intellectual Property, Internet, Legal Technology, Public Domain

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1986 Electronic Communications Privacy Act, beSpacific Blog., Cybersecurity, Government Surveillance, NSA, Privacy, Sabrina I. Pacifici

Report – Who Has Your Digital Back? by Sabrina I. Pacifici, BeSpacific Blog

http://www.bespacific.com/report-who-has-your-back/

Technology is changing literally all the time. Unfortunately, the law does not. Congress has yet to update the 1986 Electronic Communications Privacy Act. For example, there is no law that emails stored longer than 6 months has the same protection emails stored less than 6 months.

To date, there are no NSA reforms for surveillance of online communication. It is possible that Congress will go farther and mandate “back doors” to allow government to access more digital information. Reports of hackers accessing our financial and private information are no longer surprising. Although companies assure us that our information is secure, is it?

These matters go the heart of digital privacy issues for companies and individuals and FOIA requests. Some of you will be surprised how vulnerable we are. -CCE

Voir Dire and Racism.

03 Friday Jul 2015

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

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Dr. Ken Broda-Bahm, Jury Persuasion, Persuasive Litigator Blog, Racism, Trial Tips & Techniques, Voir Dire

Don’t Treat Racism as Just a Belief, by Dr. Ken Broda-Bahm, Persuasive Litigator Blog

http://tinyurl.com/pkphfl6

As of posting time, seven African-American churches have burned down since the racially motivated murders in Emanuel African Methodist Church in Charleston, South Carolina two weeks ago. One of those fires may have been caused by lightning, but there’s a concern that others may have been caused by a belief – namely, racism toward African-Americans. But that understanding of racism as a conscious and pointed belief can limit our understanding of the full spectrum of the bias. . . .

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Canada To Start Using Plain Language For Drug Labels.

03 Friday Jul 2015

Posted by Celia C. Elwell, RP in Canada, Consumer Law, Plain Language

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Drug Labels, Health Canada, Michael Mezher, Plain Language, Regulatory Affairs Professionals Society™

Plain Language Labeling Regulations to Take Effect in Canada, by Michael Mezher, Regulatory Affairs Professionals Society™

http://tinyurl.com/qfdk7vh

Health Canada has released a new guidance document intended to clarify new ‘plain language’ labeling requirements before new regulations take effect on 13 June 2015.

Background

In 2013, Canada’s then-Minister of Health Leona Aglukkaq announced the government was launching a new initiative to improve drug safety by making product information easier to understand for consumers. . . .

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