18 Sunday May 2014
Posted in Apple, Apps, iPad, iPhones, Law Office Management, Legal Technology, Mac, Technology
≈ Comments Off on Complete Guide to Everything Apple for Legal Professionals.
Tags
Accessories, Apple, Apps, iPad, iPhone, Law Office Management, Legal Technology, Mac, State Bar of Michigan Practice Management Resource Center
Mi Apple Practice, from the State Bar of Michigan Practice Management Resource Center
http://www.michbar.org/pmrc/applepractice.cfm
Everything related to using Apple products in a law office, e.g., iPhones, iPads, and Mac. Accessories, apps, articles, blogs, podcasts, how-to’s, reviews, groups, websites, and more – it’s all here. -CCE
18 Sunday May 2014
Posted in Criminal Law, First Amendment
≈ Comments Off on Court Bars Woman From Facebook. First Amendment Violation?
Woman Barred From Ranting About Family On Facebook, by Matt Moreno, NEWSY
http://www.newsy.com/videos/0518facebook/
Hate it when people rant on Facebook? Well, one New Jersey mom has actually been banned from doing just that.
A judge has ordered one unidentified woman not to go on Facebook rants about her children or ex-husband. . . .
18 Sunday May 2014
Posted in Attorney-Client Privilege, Depositions, Discovery, Evidence, Objections
≈ Comments Off on Deposition Objections – How To Make And Defend Them.
Proper Deposition Objections, by Susan Minsberg, Lawyerist Blog (with hat tip to Evan Schaeffer!)
http://lawyerist.com/16801/proper-deposition-objections/
Whether you are defending (or taking) your first or your hundredth deposition, you must be ready to handle objections. That means knowing which objections are proper and which are not. Once you know, you can keep the deposition proceeding smoothly — and avoid embarrassing yourself. . . .
17 Saturday May 2014
Posted in Criminal Law, Department of Corrections, Justice Reform, Prison Elimination Reform Act, Sexual Assault
≈ Comments Off on Justice Department’s Attempt To Reduce Sexual Assault in Prisons. Will It Work?
Tags
Department of Corrections, Governor Perry, Joaquin Sapien, Prison, Prison Elimination Reform Act, ProPublica, Rape, Sexual Assault, Texas, U.S. Department of Justice
Sentenced to Wait: Efforts to End Prison Rape Stall Again, by Joaquin Sapien, ProPublica
Texas prison inmates report being raped at some of the highest rates in the country, and the problem only seems to be worsening: The three most recent reports issued by the U.S. Department of Justice show stubbornly high levels of reported sexual assault.
But late last month, Texas Gov. Rick Perry wrote a letter to U.S. Attorney General Eric Holder signaling that he’d rather lose federal funds for corrections than comply with new rules under the Prison Rape Elimination Act requiring states to substantially improve detection and prevention of sexual assaults in prisons. . . .
17 Saturday May 2014
Posted in Android Phones, Apple, Apps, Cell Phones, Clouds, Computer Forensics, Dashboards, Emails, Encryption, iPad, iPhones, Law Office Management, Legal Technology, PC Computers, Tablets
≈ Comments Off on 2014 Best of Legal Tech from Jim Calloway.
Tags
Jim Calloway, Jim Calloway's Law Practice Tips Blog, Legal Technology, Solo and Small Firms, Weblog
This month’s Digital Edge podcast covers ‘The Best of Legal Tech for Solos and Small Firms 2014.’
John Simek is our guest, who is the business partner and spouse of my podcast teammate, Sharon Nelson. Together with Michael C. Maschke, they were the authors of The 2014 Solo and Small Firm Legal Technology Guide: Critical Decisions Made Simple, published by the American Bar Association. I was quite honored to be asked by them to write the forward for the book.
We discuss all sorts of technology for solo and small firm lawyers, including practice management software, workstations and cloud-based services. Enjoy the podcast.
17 Saturday May 2014
Posted in Implied Bias, Jury Persuasion, Jury Selection, Trial Tips and Techniques
≈ Comments Off on Inhibiting Jury Bias.
Simple Jury Persuasion: “It Makes No Difference To Me But I’m Sure It Would To A Lot Of Other People,” posted by
http://keenetrial.com/blog/category/simple-jury-persuasion/
The study of bias fascinates us. We can easily spot prejudice in others but are oblivious to our own biases. We often ask a question at the end of a research project about community values and whether our (uniformly unbiased and considerate) mock jurors think others in the area would be biased against a party involved in the lawsuit about which they have just heard. Maybe the off-topic and irrelevant bias (perhaps religion, country of origin, ability to speak English, thick accent, appearing to be a gang member, sexual orientation, marital fidelity, obesity, etc.). Typically, the answer is, “Well, it doesn’t make a difference to me but it sure would to a lot of other people who live around here!” This response is shared in all sincerity and good faith by individuals who truly do not see themselves as biased.
The problem, as pointed out by today’s researchers, is that none of us see ourselves as having blind spots. We’re better than that–especially when forewarned that biased decision-making could lie ahead. As sensible and logical and rational as that perspective may seem, it simply doesn’t appear to be true. . . .
17 Saturday May 2014
Posted in Copyright, Google, Intellectual Property, Internet, Legal Technology, Privacy, Public Domain
≈ Comments Off on Forget Me – Europe Rules On Removing Google Links.
European Ruling On Removing Google Links May Leave A Mess, by Aarti Shanani, All Tech Considered, NPR
Google’s lawyers are trying to make sense of a ruling they did not expect.
This week, Europe’s highest court decided that people have a right to have search results about them deleted from online databases. So Google has to remove links to certain pages. Legal experts in Europe are torn about what, exactly, that means.
What Prompted The Ruling
There’s a man in Spain who doesn’t like his search results. I ask a fellow Spaniard, Cristina de la Serna in Madrid, to show us why.
She goes to Google.es, Spain’s version of the search engine, and types in the name Mario Costeja Gonzalez. The second result she gets for Gonzalez is a link to a 1998 Spanish newspaper clip. It shows his home was repossessed because of debt.
Google Must Delete Personal Data When Asked, European Court Says
Gonzalez wants the old blemish to go away, and de la Serna thinks he’s got a point. Searching people isn’t the same as searching for shoes, cars or books. . . .
17 Saturday May 2014
Posted in Appellate Law, Segregation, United States Supreme Court
≈ Comments Off on Revisiting Civil Rights Case Mendez v. Westminster.
Tags
Brown v. Board of Education, Civil Rights Act of 1964, Francisco Macías, In Custodia Lexis, Law Librarians of Congress, Segregation, Separate But Equal, U.S. Supreme Court
Before Brown v. Board of Education There Was Méndez v. Westminster, by Francisco Macías, In Custodia Lexis, Law Librarians of Congress
As I wrote about earlier in the blog, the case Hernández v. Texas was decided just two weeks prior to Brown; but there is another little-known case that was instrumental for the American civil rights movement: Méndez v. Westminster. While many scholars of educational desegregation assure us that the beginning of the end of the ‘separate but equal’ doctrine was set underway with Brown v. Board of Education. It could be argued that the beginning of that end may actually date back seven years prior, Méndez v. Westminster, which ended the almost 100 years of segregation that had remained a practice since the end of the U.S.-Mexico War of 1848 and the signing of the Treaty of Guadalupe Hidalgo. The end of the U.S.-Mexico War gave rise to ‘anti-immigrant sentiments [that] resulted in increased measures to segregate Mexican-Americans from so-called ‘white’ public institutions such as swimming pools, parks, schools, and eating establishments.’. . .
17 Saturday May 2014
Posted in FCC, Government, Internet
≈ Comments Off on New Net Neutrality Rules Postponed For Now.
The outcry over the FCC’s new neutrality rules for the Internet got the FCC’s attention. Big players, like Amazon and others, jumped in and urged the FCC to give this more thought.
For those who have not followed this story, basically the FCC’s proposed new rules would have changed the Internet as we know it today, and turn it into something more like the cable service. The short version is that it would have allowed Internet providers to influence the content that you would see when you ran a search – not that there’s a certain amount of that going on now. Some called it going from the “free” internet to being run by the highest bidder. -CCE
Federal regulators appear to share one view about so-called net neutrality: It is a good thing.
But defining net neutrality? That is where things get messy.
On Thursday, the Federal Communications Commission voted 3-2 to open for public debate new rules meant to guarantee an open Internet. Before the plan becomes final, though, the chairman of the commission, Tom Wheeler, will need to convince his colleagues and an array of powerful lobbying groups that the plan follows the principle of net neutrality, the idea that all content running through the Internet’s pipes is treated equally.
While the rules are meant to prevent Internet providers from knowingly slowing data, they would allow content providers to pay for a guaranteed fast lane of service. Some opponents of the plan, those considered net neutrality purists, argue that allowing some content to be sent along a fast lane would essentially discriminate against other content. . . .
17 Saturday May 2014
Posted in International Law, Law Journals, References, Research
≈ Comments Off on European Journal of International Law.
Tags
European Journal of International Law, European Law, International Law, Law Journal, Legal Research, Reference
European Journal of International Law
I was going to try to give you a quick summary of what you’ll find here, but I think this excerpt from “About the EJIL” says it better than I ever could. -CCE
“About the EJIL
Welcome to the website of one of the world’s leading international law journals. The EJIL was established in 1990 by a small group of distinguished scholars based at the European University Institute in Florence. The Journal has grown since then in size, strength and reputation, but the Editors’ original vision remains unchanged and is distinguished by:
- its European orientation,
- its emphasis on critical and theoretical approaches,
- its commitment to publishing contributions from a diverse range of contributors, especially those among the younger generation
- its continuing interest in the historical origins of the ‘European tradition’ (in the best and broadest sense) in international law.
This website forms an integral part of the European Journal of International Law and full-text articles of all but the most recent issues are available here in the archive. For the current year, one full-text article and abstracts of all the other articles are posted.
Our commitment to linguistic diversity
Originally bilingual, the Journal is now published only in English. While we retain a strong belief in the central importance of linguistic diversity to the continued flourishing of international law, the decision to publish exclusively in English is based on the fact that it enables us to reach the widest possible readership, in view of the ever-growing number of Europeans and others for whom English is the principal second language. At the same time, however, we warmly welcome submissions in French, Spanish, Italian and German. Where resources permit, we will endeavour to translate into English those articles written in other languages that are accepted for publication. . . . [Emphasis added.]
14 Wednesday May 2014
Posted in Appellate Law, Criminal Law, Databases, Discovery, Document Review, E-Discovery, Metadata, Preservation, Requests for Production
≈ Comments Off on Don’t Offer An E-Database If You Can’t Afford It.
Tags
Despite Alleged Budget Constraints, Government Ordered to Continue to Pay for Database to Avoid Prejudice to Criminal Defendants, Electronic Discovery Law, published by K&L Gates
In this criminal case, the Government was ordered to continue to maintain a Relativity Database (the ‘Database’) utilized by the parties to review documents produced by the Government and to continue to provide Defendants with the access and support that the parties had previously negotiated, despite the depletion of funding for the Database which was accelerated by the Government’s voluntary actions. . . .
12 Monday May 2014
Posted in In Custodia Legis
≈ Comments Off on Pilcrow and Thorn. That 70’s Cop Show, Right?
It’s Craig Ball. Do I need to say anything more? -CCE
I’ve lately been immersed in the minutiae of load files while trying to complete a primer on forms of production and craft a load file exercise for the workbook students will use in the upcoming Georgetown E-Discovery Training Academy.
By the way, there’s still time to register for the ultimate e-discovery master class cum boot camp—a week in Washington, D.C. studying electronic discovery with a dedicated faculty, getting down and dirty with data. You promised you were going to get your arms around the e-stuff; now is the time, and the Georgetown Academy is the place. June 1-6, 2014. I’ll sweeten the pot: Use the code EDTAREFERRAL when registering and take $300.00 of the price.
While sojourning in load file hell, I stumbled upon a tidbit of information I thought other e-discovery groupies might find mildly diverting.
Our Sesame Street words for today are Thorn and Pilcrow.
I…
View original post 348 more words
12 Monday May 2014
Posted in In Custodia Legis
≈ Comments Off on The Best Statement of Facts … Ever.
What a legal writing keeper! If you care about legal writing at all, you simply must read this post by Mike Skotnicki at Briefly Writing Blog. -CCE
When I was a Staff Attorney for an Associate Justice of the Alabama Supreme Court in the 1990’s, I read countless appellate briefs. I really only remember one. That brief contained a Statement of Facts that opened my eyes to how well an appellate brief could be written. It was simply the best Statement of Facts that I have ever read. 
It was a wrongful death case. A single mother was killed in an automobile accident when pulling out onto a county highway from a local road at dusk her car was struck by a logging truck going well over the posted speed limit. The jury had awarded a sizeable verdict for the decedent’s estate and the Alabama Supreme Court, then composed of a majority of Justices elected as business-supporting Republicans, affirmed the verdict without opinion.
I don’t recall the name of the case, the details of the facts, the…
View original post 651 more words
11 Sunday May 2014
Posted in In Custodia Legis
≈ Comments Off on Broken Badly: The Anderson Living Trust v. WPX Energy Production
U.S. District Judge James Browning is a fine fellow. There are many reasons to say so; but the first is that, though he sits in New Mexico, he was born in the Great State of Texas. Judge Browning kindly spoke to my E-Discovery class at the law school in September 2012. I’d sought him out because he’d been ably grappling with e-discovery issues in a case styled S2 v. Micron. In his remarks to my class, he splendidly recounted some of the challenges faced by judges who ascended to the bench before the Age of Digital Evidence. Judge Browning has one of those C.V.s that could make any lawyer hate him (e.g., Yale, varsity letterman, Law Review editor-in-chief, Coif, Supreme Court clerk); but he’s a good judge and a nice guy to boot.
I share my admiration of Judge Browning to underscore that I feel a bit of a rat…
View original post 3,207 more words
11 Sunday May 2014
Posted in Computer Virus, Legal Technology, Malware, Microsoft Office, PC Computers
≈ Comments Off on PC World’s Answer Line — Solutions to Various Computer Problems.
Tags
Answer Line Solutions, Gmail, Hard Drives, IP Address, Lincoln Spector, Malware, Microsoft Office, PC Computers, PC World, Wi-Fi
Answer Line Solutions, Tips and Answers for PC Problems from Lincoln Spector, PC World
http://www.pcworld.com/column/answer-line/
You may not want or have the skills to build or fix your PC computer. But no doubt there are a few things you would like to do for yourself, such as, recovering a deleted file? What about setting — and keeping — a preferred default font in Word or recovering files after a malware attack? Even if you are tech-challenged, this site answers all types of questions in a language anyone can understand. Browse a while. You may find something that interests you. -CCE
11 Sunday May 2014
Posted in Evernote, Law Office Management, Legal Technology, Technology, Time Management
≈ Comments Off on The Reason Why You Should Use Evernote.
Tags
ABA TECHSHOW, Evernote, Jim Calloway, Jim Calloway's Law Practice Tips Blog, Philippe Doyle Gray
A Great Free Guide for Utilizing Evernote, by Jim Calloway, Jim Calloway’s Law Practice Tips Blog
http://www.lawpracticetipsblog.com/2014/05/great-evernote-guide.html
Here’s a great explanation of why you need to use Evernote.
‘Evernote is software that is a digital extension to your biological memory. Remembering ideas becomes trivial….The intellectual demands on professional life can be overwhelming. Great minds are best deployed to the intractable problems to hand. But life is made up of lots of little things that have to be remembered. Evernote stops you wasting effort on remembering all those little things, and liberates your imagination.’
That explanation was written by Philippe Doyle Gray, a barrister from Sydney, Australia. I was privileged to sit in on the session he taught at ABA TECHSHOW on How to Optimize Evernote. He is now sharing his paper and his training videos on how to use Evernote with the world. Sometimes a picture, or a short video, really is worth a thousand words. Check out his online collection of Evernote resources for lawyers. We believe that Philippe was the first Austrailian to give a presentation for ABA TECHSHOW and my guess is that this will not be his last time. . . .
11 Sunday May 2014
Posted in Jury Persuasion, Legal Technology, Presentations, Technology, Trial Tips and Techniques
≈ Comments Off on Using Trial Graphics For Powerful Court Presentations.
Tags
Adam Bloomberg, Legal Technology, Litigation Insights Blog, Trial Graphics, Trial Presentations, Trial Tips & Techniques
Part IV – Trial Graphic Fundamentals: Guidelines for Trial, by Adam Bloomberg, Managing Director -Visual Communications, Litigation Insights Blog
Please note that this is fourth in a series, and take a look at the three that come before it. -CCE
This blog is the fourth in a series that focuses on the fundamentals of trial graphics. Its content is based on a program Adam Bloomberg, Litigation Insights’ Managing Director for Visual Communications, co-presented with Bryant Spann, Partner at Thomas Combs & Spann PLLC, at the 2014 Midyear Meeting of the International Association of Defense Counsel in Carlsbad, California.
Graphics are powerful, because they have the ability to communicate more clearly and concisely than words. Depending on how that power is channeled, however, a graphic can either help or harm your case. The following tips for developing graphics can significantly improve them for use at trial. . . .
11 Sunday May 2014
Posted in Adobe Acrobat, Courts, E-Filing, Legal Technology
≈ Comments Off on PDF File Reduction Lifesaver For E-Filing Restriction.
Tags
Adobe Acrobat, E-Filing, Electronic File Management, Ernie Svenson, File Reduction, PDF for Lawyers
Reducing The File Size Of A PDF The Fast, Easy Way, by Ernie Svenson, PDF for Lawyers
http://pdfforlawyers.com/category/e-filing/
Lawyers sometimes need to slim down the size of a PDF, often to meet an e-filing restriction (i.e. where a court limits the size of files uploaded to its servers).
There are two ways to reduce the file size of an existing PDF: (1) the Reduced Size option, and (2) the Optimized PDF option. . . .
11 Sunday May 2014
Posted in Assault, Criminal Law, Evidence, Impeachment, Rhode Island Supreme Court
≈ Comments Off on Rhode Island Supreme Court Has No Problem With Impeachment.
Tags
Assault, Character Evidence, Colin Miller, Conviction, Evidence, EvidenceProf Blog, Impeachment, Motion in Limine, Police, Resisting Arrest, Rhode Island Supreme Court
Impeachable?: Supreme Court of Rhode Island Finds No Problem With Impeachment Via Old, Similar Conviction, Editor: Colin Miller, EvidenceProf Blog
[S]o, assume that a defendant is charged with resisting arrest, and the trial is held in 2012. Also, assume that the defendant has the following convictions: assault on a police officer (1987), a 1982 assault on a police officer (1982), and simple assault (1982). If the defendant files a motion in limine, seeking to preclude the prosecution from introducing evidence of these convictions into evidence, how should the court rule? . . . .
10 Saturday May 2014
Posted in Divorce, Family Law, Intellectual Property, Marital Asset, Patent Law
≈ Comments Off on Are Patent Rights A Marital Asset?
Tags
Dennis Crouch, Divorce, Family Law, Infringement, Intellectual Property, Marital Asset, Patent, Patently-O Blog
Patent Rights are a Marital Asset and Non-Inventing Spouse is a Co-Owner, by Dennis Crouch, Patently-O Blog
James Taylor v Taylor Made Plastics (Fed. Cir. 2014)
I should note here that this case is neither about the musician or the golf club company. Rather, it is about the now fractured Taylor family and their patented pipe plugs. I discussed the district court decision earlier here.
Several years ago James T. invented storm drain equipment and obtained a patent in his name only. U.S. Patent No. 5,806,566. When he and his wife Mary T. later divorced, the divorce court ordered “equitable distribution of marital property” with Mary T. receiving 60% of proceeds from the patent and James T. receiving 40%. The divorce court seemingly only dealt with equitable title in the form of rights-to-proceeds and not with legal title to the patent itself. And, in particular, the divorce court did not identify who held the exclusive rights associated with the patent. . . .
10 Saturday May 2014
Posted in Adobe Acrobat, Apple, Apps, iPad, iPhones, Legal Technology
≈ Comments Off on GoodReader4 App for iPads Adds PDF Page Management.
Tags
.pdf, Adobe Acrobat, GoodReader 4, GoodReader App, iPad, iPad Air, iPhone, iPhone J.D. Blog, Jeff Richardson
Review: GoodReader 4 — Next Generation Of Goodreader Adds PDF Page Management, by Jeff Richardson, iPhone J.D.
GoodReader has long been one of the most useful apps on my iPad because it makes it easy to organize documents into folders and read them on the iPad. I have folders for each of my cases, sub-folders within each case folder for Correspondence, Pleadings, Exhibits, etc., and I sync all of my non-privileged documents to and from my iPad using Dropbox. It’s a good system that has worked well for me, and I know countless other attorneys who do the same thing.
Yesterday, the next generation of GoodReader was introduced. It is a new app called GoodReader 4, and you need to pay for it. It is currently on sale for $2.99, but after an introductory period the price will go up to $6.99. Unlike the prior version of GoodReader, GoodReader 4 is a universal app so you can buy it once and use it on both your iPhone and your iPad. You can tell the old app from the new app because the old app icon was green whereas the new one has an aqua gradient The old version of GoodReader was also updated yesterday to version 3.21, and you need to get that update in order to migrate your documents from the old version of GoodReader to GoodReader 4. . . .
08 Thursday May 2014
Posted in Jury Persuasion, Jury Selection, Trial Tips and Techniques, Voir Dire
≈ Comments Off on Include Juror Background Profiles For Strong Trial Strategy.
Tags
Background Questionnaire, Juries, Juror Profile, Litigation Insights, Merrie Jo Pitera, Mock Jurors, Ph.D-CEO, Voir Dire
Jury Research Education Series | Developing a Juror Profile: Having a Strong Foundation, by Merrie Jo Pitera, Ph.D-CEO, Litigation Insights
Ultimately, a panel of jurors will decide your case. Knowing as much as possible about those jurors is therefore a critical element of trial strategy. Developing a juror profile you can requires gathering information about the characteristics of pro-plaintiff/pro-defense jurors in a scientifically valid manner. Just asking staff at your firm or a group of friends what they think doesn’t give you reliable information. The most reliable tool to develop your profile is based on the background questionnaire used in your jury research projects. In this blog post, we discuss how results from a questionnaire can serve as the foundation for your juror profile and how to design a well-constructed background questionnaire that gives you information you can trust. . . .
05 Monday May 2014
Posted in Acronyms, ALWD, Bad Legal Writing, Citations, Internet, Legal Analysis, Legal Directory, Legal Writing, Legalese, Quotations, References, Research, The Bluebook
≈ Comments Off on Legal Analysis & Writing Links.
Tags
ALWD Citation Manual, Grammar, Legal Analysis, Legal Citation, Legal Writing, Lewis & Clark Law School, Punctuation, The Bluebook, Writing Resources
A nice assortment of writing resources. -CCE
05 Monday May 2014
Posted in Legal Ethics
≈ Comments Off on Georgetown’s Legal Ethics Research Guide.
Tags
American Bar Association, Code of Professional Ethics, Ethics, Ethics Opinions, Georgetown Law Library, Legal Ethics, Legal Ethics Research Guide, Research
Legal Ethics Research Guide, Georgetown Law Library
This guide focuses on the codes of professional ethics and ethics opinions available from the American Bar Association and various state bar associations. Contents of this guide include Codes of Professional Ethics and ethics opinions.
Introduction
When researching issues of legal ethics, you will need to consult sources beyond the familiar cases and statutes, such as codes of professional ethics and ethics opinions issued by state and national bar associations. To assist you with your research, there are numerous secondary sources that focus specifically on issues in legal ethics. These secondary sources, including books and journal articles, are designed to help you understand the issues and locate primary materials.
This guide will give you an overview of the materials available, both print and online, that you will need to conduct your research in legal ethics. Locations of materials in the library are given. . . .
05 Monday May 2014
Posted in Court Rules, Evidence, Rule 801, Rule 803 Exception
Four Amendments: Supreme Court Amends Four Federal Rules of Evidence, by Evidence ProfBlogger, Editor: Colin Miller, EvidenceProf Blog
The Supreme Court has approved four amendments to the Federal Rules of Evidence that will take effect on December 1, 2014 unless Congress takes another action. The Rules altered? Federal Rule of Evidence 801(d)(1)(B) and Federal Rules of Evidence 803(6), (7), and (8).
The Researching Paralegal 
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