03 Monday Feb 2014
Posted in Clouds, Corporate Law, E-Discovery, Google, Law Office Management, Legal Technology, Legal Writing, Research
≈ Comments Off on Legal Research and Writing Resources Worth Bookmarking.
Tags
Adams Contract Drafting, Bose Law and Technology Blog, Briefly Writing, Cheryl Niemeier, Corporate Law, eDiscovery Daily, Finance, Internet for Lawyers, Law Office Management, Legal Research, Legal Research Plus, Legal Technology, LLRX, Mergers & Acquisitions, MyCase, Witnesseth
8 Great Legal Research and Writing Resources and Blogs, by Cheryl Niemeier, Bose Law and Technology Blog
30 Thursday Jan 2014
Posted in Appellate Law, Apps, Bankruptcy Law, Cell Phones, Dockets, E-Filing, Federal District Court Rules, Federal Law, iPad, iPhones, Legal Technology, PACER, Trial Tips and Techniques, U.S. Courts of Appeal
≈ Comments Off on Free App to Access PACER on iPhones and iPads.
Tags
Bankruptcy Court, Docket, Federal Court, iPads, iPhone J.D. Blog, iPhones, Jeff Richardson, Matthew Zorn, PACER
Review: DkT — access PACER on the iPad and iPhone, by Jeff Richardson, iPhone J.D. Blog
http://www.iphonejd.com/iphone_jd/2014/01/review-dkt-pacer.html
Jeff reviews a free app created by Matthew Zorn called “DkT.” In this post, Jeff leads you through the various steps to use this app. Because this is the first version, no doubt Matthew will tweak it as time goes by. Regardless of its minor flaws, if you practice in federal court, this is an incredibly useful tool for your iPad or iPhone. -CCE
If you ever practice in federal court, then using PACER is a part of your job. PACER websites typically let you select a mobile option so that you can access PACER on an iPad or an iPhone, but the experience isn’t ideal. You cannot save your username or password, it is difficult to manually enter case numbers, and every time you access a docket sheet or a document you have to pay to do so. Matthew Zorn, an attorney at a large New York law firm, decided to do something about that, so he spent nine months writing a useful and beautifully designed app that he calls DkT. The DkT app is free and can access PACER for federal appellate, district and bankruptcy courts.
13 Monday Jan 2014
Posted in Computer Virus, Research
≈ Comments Off on Phony Court Cases Carry Computer Virus.
Public Alert: Scam Emails About Phony Court Cases Carry Computer Virus, The Third Branch News
The federal judiciary has learned of an email scam, in which emails purporting to come from federal and state courts are infecting recipients with computer viruses.
08 Wednesday Jan 2014
Posted in References, Research
≈ Comments Off on Forget About Basic Google Searches! Use These Simple Tips to Enhance Your Search Results.
19 Thursday Dec 2013
Posted 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
10 Tuesday Dec 2013
Posted in Library of Congress, Municipal Code, Municipal Law, Research
≈ Comments Off on Beginner’s Guide to Municipal Codes.
07 Saturday Dec 2013
Posted in Federal Law, Personal Injury
≈ Comments Off on EPA Standard for Lead Poisoning Will Not Change In Spite of Evidence That Harm Exists.
‘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.
07 Saturday Dec 2013
Posted in Legal Ethics, Legal Technology, Metadata, Research
≈ Comments Off on Teaching Metadata and ABA Metadata Ethics Opinion Chart.
Teaching Metadata As Part Of Legal Research, by Shawn Friend, RIPS Law Librarian Blog
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.
30 Saturday Nov 2013
Posted in Library of Congress, Native American Law, Research
≈ Comments Off on Updated Collection of Native American Documents at Library of Congress
Tags
Andrew Weber, Cherokee, Chickasaw, Choctaw, Creek, Jennifer Gonzalez, Native American History Month
In celebration of Native American History Month, we have just added 428 Native American documents containing constitutions, charters, and acts from the years 1830 to 1960 to Law.gov. The collection contains two types of material: constitutions from the 1800s produced by the Cherokee, Choctaw, Chickasaw, and Creek; and constitutions and charters drafted after the 1934 Indian Reorganization Act. The latter includes laws produced by the Office of Indian Affairs of the United States Department of the Interior. These materials are divided by region based on the new KI class designations: Arctic-Alaska, US-Northeast Atlantic, US-North Central, US-New Southwest, US-Pacific Northwest, and US-South.
30 Saturday Nov 2013
Posted in Appellate Law, Arbitration, Class Actions, LexisNexis, Research, Trial Tips and Techniques
≈ Comments Off on The Sixth Circuit Wrestles With When to Pull the Trigger on the Unconscionability Doctrine in Arbitration Clauses.
Tags
Arbitrations, Class Action, ContractsProf Blog, D.A. Jeremy Telman, LexisNexis, Unconscionability Doctrin
Sixth Circuit Affirms District Court, Rejects Attorney’s Bid for Class-Wide Arbitration, by Kprofs2013, edited by D.A. Jeremy Telman, ContractsProf Blog
This case started as a disagreement between a law firm and LexisNexis over billing practices. The parties’ disagreement was bound by an arbitration agreement. The law firm decided to bring two class actions over 500 million dollars against LexisNexis. The terms of the arbitration agreement and the lack of any definitive U.S. Supreme Court ruling on whether classwide arbitrability is a “gateway” or “subsidiary” question places the Sixth Circuit in an interesting conundrum.
What follows in this post at ContractsProf Blog is an analysis of the Sixth Court’s opinion, the ambiguous arbitration agreement, and the use, or lack thereof, of the unconscionability doctrine. -CCE
30 Saturday Nov 2013
Posted in Admissibility, Appellate Law, Court Rules, Cross-Examination, Direct Examination, Evidence, Research, Tennessee Supreme Court, Trial Tips and Techniques
≈ Comments Off on Court Precludes Testimony of Rehabilitation Witness
In Pyle v. Mullins, 2013 WL 6181956 (Tenn. Ct. App. 2013), the plaintiff sought to bolster his credibility after it had been attacked by the defense, but the court precluded this rehabilitation. Why?
Pyle then sought to elicit
character testimony from Jeff Boggan, one of Pyle’s customers. Boggan, a resident of Village Green Subdivision, testified Pyle mowed his lawn and he had known Pyle for 5 years. He testified Pyle was under contract by the homeowner’s association to mow all of the lawns in the subdivision. Pyle asked Boggan whether he was “familiar with [Pyle’s] reputation in that area for honesty?” In response, defense counsel objected as to relevance. The trial court sustained the objection.
Then . . . .
27 Wednesday Nov 2013
Posted in Affirmative Action, Courts, Employment Law, Judges, Race Discrimination, Research, Trial Tips and Techniques
≈ Comments Off on Are Judges Are Killing the Civil Rights Act of 1964?
Tags
1964 Civil Rights Act, Harvard University, Hercules and the umpire Blog, Judge Richard George Kopf, Nancy Gertner, Northern District of Georgia, Summary judgment
When it comes to employment cases, judges are killing the Civil Rights Act of 1964, by the Hon. Richard George Kopf, Hercules and the umpire Blog
After providing some background about rulings on employment cases, Judge Kopf reveals that:
[M]y summary judgment dismissal rate was higher than the aggregate rate for the Northern District of Georgia. That is, my dismissal rate was four points higher than the rate in the Northern District of Georgia (86% v. 82%). That caused me to write this: “The fact is that the law on summary judgment motions in employment cases favors the granting of summary judgment motions in a high percentage of the cases and, not surprisingly, that is what you see happening in the Northern District of Georgia and with ‘yours truly’ too.”
* * *
[V]ince Powers, my friendly nemesis, advised me about a powerful article that Nancy Gertner has written on this subject. Gertner now teaches law at Harvard, and was for many years one of the most distinguished federal trial judges in the nation. She is also a really great person with a warm and funny sense of humor. Here is Nancy’s article. I urge you to read what she has written. It will make you think hard.
If you have trouble accessing the link to the Nancy Gertner’s article, you can find it here: http://tinyurl.com/olfpxdz. CCE
23 Saturday Nov 2013
Posted in References, Research
≈ Comments Off on Thanksgiving Travel Tips and More
Tags
Apps, Holidays, MYTSA, Thanksgiving, Travel Tips, TSA, USA.gov
Travel Tips, USA.gov
If you plan on flying over the holidays, use the App for MyTSA.
Also includes Heritage and History (Thanksgiving is not all about pilgrims), Recipes and Food Safety (dinner without food poisoning), Give Thanks and Volunteer (write your own message to US troops). CCE
17 Sunday Nov 2013
Posted in E-Discovery, Evidence, Glossaries, Legal Technology, Research, Trial Tips and Techniques
≈ Comments Off on The Sedona Conference® Glossary
The Sedona Conference® Glossary, The Sedona Conference® (Reproduced with permission by Richard Braman.)
The Sedona Conference® is a non-profit organization created in 1997 by Richard Braman. Although it is better known for its work and publications on e-discovery, it addresses many other areas of law. You can find a list of its publications here: https://thesedonaconference.org/publications.
The Sedona Conference® will present its Commentary on Information Governance in a webinar on December 5, 2013. Information about all upcoming events can be found at https://thesedonaconference.org/conferences.
15 Friday Nov 2013
Posted in Research
≈ Comments Off on THOMAS transitions to Congress.gov.
THOMAS will now redirect to congress.gov,by Sabrina I. Pacifici, beSpacific Blog
Ms. Pacifici assures us that permanent links to THOMAS will still work and remain operational until 2014. At that time, the transition to congress.gov will be finished, and THOMAS will be retired. CCE
15 Friday Nov 2013
Posted in Law Journals, Law Libraries, Law Reviews, References, Research
≈ Comments Off on Law Commons – Free Open Access Legal Research
Law Commons, Digital Commons Network™ Open Access. Powered by Scholars. Published by Universities.™
http://network.bepress.com/law/
This is an unique legal research tool. It has a wealth of legal resources. There are 167,603 full-text articles by 76,916 authors — in all, 37,817,207 downloads of legal research. But there is more — architecture, arts and humanities, business, education, engineering, life sciences, medical and health sciences, physical sciences and mathematics, and social and behavioral sciences.
In total, this website gives you free access to over 800,000 full-text articles contributed from over 300 universities and colleges all over the world.
The Digital Commons Network brings together free, full-text scholarly articles from hundreds of universities and colleges worldwide. Curated by university librarians and their supporting institutions, the Network includes a growing collection of peer-reviewed journal articles, book chapters, dissertations, working papers, conference proceedings, and other original scholarly work.
14 Thursday Nov 2013
Posted in International Law, Real Estate and Property Law, Research
≈ Comments Off on Resource on Real Estate and Property Law
Real Estate Law, HG Legal Resources.com
http://www.hg.org/realest.html
A thorough overview and resource of United States real estate and property law, but also international law, publications related to this area of law, articles posted on this website about this area, and organizations related to real property. CCE
13 Wednesday Nov 2013
Posted in Appellate Law, Court Rules, Legal Technology, Legal Writing, Research, State Appellate Courts, Trial Tips and Techniques
≈ Comments Off on The Civil Appeals Profile Database for State Courts.
Tags
Appeals, Civil Appeal State Profiles, Civil Appellate Procedure, National Center for State Courts
The National Center for State Court has created this compilation of civil appellate court practices and procedures.
The link takes you to a map of the United States. Click on your state, and you will get a breakdown of appellate procedures. The information is somewhat like a “cheat sheet” for the state’s rules of appellate procedure.
Please note that the website recommends setting your printer to “landscape” for best results.
12 Tuesday Nov 2013
Posted in Case Law, Court Rules, Federal District Court Rules, Judges, Research, Statutes, Trial Tips and Techniques
≈ Comments Off on Judge Scheindlin and the Second Circuit to date.
Tags
Hercules and the Umpire, Hon. George Richard Kopf, Judge Scheindlin, Removal of federal judge, Stop-and-frisk, United States Court of Appeals for the Second Circuit
I have been following the updates about Judge Scheindlin on Judge Kopf’s blog, Hercules and the umpire. If you recall, this series began with Judge Scheindlin’s ruling on the current stop-and-frisk law in her jurisdiction, and her subsequent, hasty, and unprecedented (to my knowledge) removal by the Second Circuit of the Court of Appeals. All related posts are below, and start with the first post by Judge Kopf. The Comments are equally interesting. CCE
What do you think about the Second Circuit’s removal of Judge Shira Scheindlin? – http://bit.ly/1cyvhiH (Posted here on November 2, 2013)
A Cheat Shot – http://herculesandtheumpire.com/2013/11/03/a-cheap-shot/
More on “relatedness,” Judge Scheindlin and the Second Circuit — http://bit.ly/1cTmax4
In answer to Scott H. Greenfield regarding the Second Circuit’s treatment of Judge Scheindlin — http://bit.ly/17EEqZ9
“Do not go gentle into that good night . . . ” Dylan Thomas and Judge Scheindlin – http://bit.ly/1a39Re3
The filing by counsel for Judge Scheindlin — http://bit.ly/1c1GXcL
Kopf’s questions about the continuing but utterly depressing cage match at the Second Circuit? — http://bit.ly/1blVy2F
End it quickly – http://herculesandtheumpire.com/2013/11/11/end-it-quickly/ (Posted here on November 12, 2013)
A must read essay on Judge Scheindlin and the Second Circuit — http://bit.ly/19XlseL (Posted here on November 12, 2013)
Judge Scheindlin was wrong to enter the fray at the Second Circuit — http://bit.ly/1eJ21tw
09 Saturday Nov 2013
Posted in Brief Writing, Case Law, Citations, Legal Writing, Trial Tips and Techniques
≈ Comments Off on An Excellent and Persuasive Legal Writing Tool – Parentheticals
For lovers of parentheticals, two articles, by Raymond Ward, the (new) legal writer
09 Saturday Nov 2013
Posted in Copyright, Intellectual Property, Law Libraries, Law Office Management, Legal Writing, Marketing, Research
≈ Comments Off on A Compilation of Canadian Law Blogs, Articles, and Links
Tags
Canada, Copyright, Intellectual Property, Law Libraries, Law Office Management, Legal Writing, Marketing
Fall 2013 Issue of Law Library Journal Now Available, Michel-A. Sheppard, Library Boy
Ron, this one’s for you. CCE
02 Saturday Nov 2013
Posted 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
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
02 Saturday Nov 2013
Posted 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
31 Thursday Oct 2013
Posted in Medical Marijuana, Research
≈ Comments Off on Breakdown of State Medical Marijuana Laws – Updated September 2013
State Medical Marijuana Laws, National Conference of State Legislatures
http://perma.cc/0jPh71hjwbi
Provides detailed chart and other research resources.
30 Wednesday Oct 2013
Posted in References, Research
≈ Comments Off on “How To” For Attorneys and Staff: New Medicare Secondary Payer Recovery Portal
Medicare Jumps into the 21st Century: Medicare Secondary Payer Recovery Portal (MSPRP), by Rex Travis, Practice Tips – Travis Law Firm Blog
http://perma.cc/0oEuYumpBSj
The Researching Paralegal 
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