Breakdown of State Medical Marijuana Laws – Updated September 2013

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State Medical Marijuana Laws, National Conference of State Legislatures
http://perma.cc/0jPh71hjwbi

Provides detailed chart and other research resources.

“How To” For Attorneys and Staff: New Medicare Secondary Payer Recovery Portal

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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

Contract Gobbledygook

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A New Case Involving “Notwithstanding,” by Ken Adams, Adams on Contract Drafting (with hat tip to Raymond Ward, the (new) legal writer!)

http://perma.cc/0zV6mAk3xm5

“Arising Out Of Or Relating To?” No, Thank You, by Ken Adams, Adams on Contract Drafting

http://perma.cc/0i4M2PnNost

Oklahoma Supreme Court Rules That 2011 State Abortion Law Violates Constitution

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State Court Deems Law Wide Attack on Abortion, by Adam Liptak, The New York Times (with hat tip to Howard Bashman, How Appealing Blog!)
http://perma.cc/0pTyFyfurD4

In Oklahoma Coalition For Reproductive Justice v. Cline, 2012 OK 102,
292 P.3d 27, all Justices of the Oklahoma Supreme Court concurred in a per curium opinion that this legal issue is controlled by Planned Parenthood v. Casey, 505 U.S. 833 (1992).

The Oklahoma Supreme Court held:

The challenged measure is facially unconstitutional pursuant to Casey, 505 U.S. 833. The mandate of Casey remains binding on this Court until and unless the United States Supreme Court holds to the contrary. The judgment of the trial court holding the enactment unconstitutional is affirmed and the measure is stricken in its entirety.

Persuasive Counterarguments and Killer Briefs

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How to acknowledge and refute counterarguments, by Raymond P. Ward, Louisiana Civil Appeals Blog
http://perma.cc/0Np35PDV4mr

European Parliament Moves Forward With Data Protection Reform

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LIBE Committee vote backs new EU data protection rules, European Commission Memo, Europa Press Release Database
http://perma.cc/0wJ1WyFMgmc

‘The vote by the European Parliament’s leading committee is a strong signal for Europe. It paves the way for a uniform and strong European data protection law that will cut costs for business and strengthen the protection of our citizens: one continent, one law,’ said Vice-President Viviane Reding, the EU’s Justice Commissioner.

Lay-offs at LexisNexis, Martindale-Hubbell, and Thomson Reuters

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LexisNexis announces another round of lay-offs, by Legal Skills Prof, Legal Skills Prof Blog
http://perma.cc/0nHxcmu5nkq

This is the second round of lay-offs for LexisNexis, which includes long-time Martindale-Hubbell employees. Thomson Reuters also announced Westlaw lay-offs earlier this month.

9th Circuit Snips, Then Replaces, California State Law Loophole in Compulsory Arbitration

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After Wavering, Ninth Circuit Snuffs Out ‘Broughton-Cruz’ Doctrine,
by Scott Graham, Connecticut Law Tribune

http://perma.cc/09CauXr6qZx

Yes, You Can. No, You Can’t. The Latest Abortion Battle in Texas.

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Judge in Texas Partly Rejects Abortion Law, by Erik Eckholm, The New York Times
http://nyti.ms/Hon5aE

 But not so fast . . . .

Texas attorney general asks court to reinstate abortion measure, by Karen Brooks, Reuters, in Chicago Tribune
http://trib.in/17qFgZx

A Return to Civility?

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The Practice: Dealing with Threatening, Demanding Opposing Counsel, by Brian Tannebaum, Above the Law Blog

http://perma.cc/0qDRXkZERqq

The Cyber Advocate’s 1st Monthly Installment of New Apps for Lawyers

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Best New Apps for Lawyers, by The Cyber Advocate
http://bit.ly/1auSsZL

Top ten legal writing hints when the audience is a cranky federal trial judge

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RGK's avatarHercules and the umpire.

I have been asked to post something about legal writing. I don’t know a damn thing about legal writing, as this blog constantly proves.  But, hey, ask and you shall receive.

A word about the literary form:  I prefer the “top-ten” form for trenchant legal analysis. Awhile back A while back (I have no clue which one is correct), and using this form, I wrote a piece about their Eminences and the mess they made of the federal Sentencing Guidelines.  In some circles, it was well-received.  Therefore, and proving that you can’t teach an old judge new tricks (or shticks), I once again adopt the genre for this series of profound musings.
So, here are my top ten hints for submitting briefs to me and other all-knowing beings who ascend the federal trial bench, both literally and figuratively:
10.Get a good editor.  Never send me something unless someone…

View original post 501 more words

A Discussion of the Burdens of Preserving E-Discovery

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E-Discovery: Relieving The Burdens Of Preservation, The Editor interviews Brian H. Pandya, Partner, Wiley Rein LLP, The Metropolitan Corporate Counsel
http://bit.ly/1c5fVG3

Please take particular note the linked articles on e-discovery at the end of the interview. CCE

AHIMA Concerned About Proposed E-Discovery Rule Changes

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AHIMA Comments on Proposed Changes to Federal E-Discovery Rules,iHealthBeat
http://bit.ly/1aO1nVV

Ralph Losey’s Simplified Version of the Proposed Federal E-Discovery Rules Changes

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Proposed Rules, by Ralph Losey, e-Discovery Team ®
http://e-discoveryteam.com/proposed/

Spring 2013 Case Law Update on E-Discovery Self-Collection – When It’s Okay, When It’s Not, and the Potential Risks

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Self-Collection: The Good, The Bad and The Ugly, by Tony Merlino, DTI
http://dtiglobal.com/resources/articles/spring-2013-case-law-update/

Call Block, a new iPhone app that targets telemarketers

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New iPhone app tries to make telemarketing calls less intrusive, by Salvador Rodriquez, Los Angeles Times Business Tech Now
http://lat.ms/1ilpNch

Another reason never to cite to Wikipedia as “fact” (if you still need one).

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The Decline of Wikipedia, by Tom Simonite, MIT Technology Review
http://bit.ly/19q9Qj7

Named “The Best Legal Blogs of 2013” – so far. . . .

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Although I think it is too soon to call it, these blogs have been named, to date, the top legal blogs for 2013. Some great blogs may be missing, but everything here deserves the title. There are many top-notch regional or special legal area blogs deserving of high recognition regardless of whether they make a national list. Even though the ABA will not announce its list of the top 100 blogs until later this year, my guess is that the majority listed below will no doubt will make the cut.

Best Law Blogs of 2013, by Andrew Cabasso, JurisPage Blog
http://bit.ly/1cjRpkz

Top 30 Law Blogs of 2013, By Jim Calloway’s Law Practice Tips Blog
http://bit.ly/1hjv0Uj

BlawgWorld Rounds Up the Best of Legal Blogs, by Robert Ambrogi’s LawSites
http://bit.ly/1dWBxoQ

If you are interested, the ABA’s choice picks for 2012, posted December 1, 2012, were:

6th Annual ABA Journal Blawg 100 (a correction has been made to this story), by Molly McDonough, Sarah Randag, and Lee Rawles
http://www.abajournal.com/magazine/article/6th_annual_blawg_100

LinkedIn Top Social Media Traffic Driver to Law Firm Websites

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LinkedIn drives more traffic to law firm websites than all other social media combined, by Kevin O’Keefe’s Real Lawyers Have Blogs
http://bit.ly/17IbvO0

Starting a new solo law practice? Avoid these seven deadly sins.

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The Seven Deadly Sins of Opening a New Solo Law Practice,
by Jim Calloway’s Law Practice Tips Blog
http://bit.ly/16dkKZ9

Since 2000, national groups better known for influencing presidential and congressional elections turned their sights on judicial contests in several state judicial campaigns.

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The New Politics of Judicial Elections, 2011-12: How New Waves of Special Interest Spending Raised the Stakes for Fair Courts.’ Justice at Stake, the Brennan Center for Justice at NYU School of Law, and the National Institute on Money in State Politics issued http://newpoliticsreport.org/ (access online in http://newpoliticsreport.org/report/2012-report/introduction/ or http://newpoliticsreport.org/content/uploads/JAS-NewPolitics2012-Online.pdf yesterday.

Also available online is a related news release titled “Outside Spending Floods Judicial Elections at Record Levels, Report Finds“, by Seth Hoy, Brennan Center for Justice, http://bit.ly/1gR6coM

Originally posted by Howard Bashman, on How Appealing Blog.

Trial Technique Courtroom Tips

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TRIAL TECHNIQUES: What lawyers should (and shouldn’t) worry about in the courtroom, by Alexandra Rudolph, WisLawJournal.com
http://bit.ly/uDFH17

Municipal Code Websites

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Municode
http://www.municode.com/

Municode – MuniCode Pro Subscriptions ($)
http://www.municode.com/Online-Services/Munipro-Subscriptions

Municode.com |Online Library (Florida Only)
http://bit.ly/17O7BmL

General Code (all 50 states) – Online eCode 360 Library
http://www.generalcode.com/codification/ecode/library

Code Publishing – Municipal Codes
http://www.codepublishing.com/elibrary.html
(Note: Covers only 24 states.)

American Legion Publishing Company
http://www.amlegal.com/library/

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Code Publishing – Municipal Codes
http://www.codepublishing.com/elibrary.html

South Carolina Court Says to Attorney: No Email = No License.

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No E-Mail, No License, by Mike Frisch, Legal Profession Prof, Legal Profession Blog
http://bit.ly/16v90hL

The South Carolina Supreme Court suspended an attorney for repeatedly refusing to follow its explicit rules to maintain and monitor a working email account. This transgression, plus other failures by the Respondent to follow the Court’s orders and rules, led to the attorney’s suspension. The lawyer’s license to practice law was until further order of the Court.