Thursday, January 24, 2013

Justice Thomas speaks. OMG!

The legal world was rocked on its heels this afternoon with the news that Justice Clarence Thomas spoke today during oral argument.

Hon. Thomas

Unfortunately, no one knows what he said because it was hard to hear him. Apparently he was reacting to an attorney’s suggestion that a defendant’s lawyer was a good lawyer, having gone to Yale.  Thomas, a Yale graduate, seemed to dispute that.  As far as anyone knows right now, Thomas said, in a mysteriously eloquent way,  “Well—he did not.”

Source: http://minnlawyer.com/minnlawyerblog/2013/01/14/justice-thomas-speaks-omg/

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The Law and the Liability of Eugenics

For decades, a program called Eugenics gave state boards the right to deem someone "unfit to procreate." The outcome of this was 66,000 Americans were selectively sterilized between the late 1920’s and the 1980’s. Lawyer2Lawyer co-host and attorney J. Craig Williams welcomes Professor Alfred Brophy, from the University of North Carolina School of Law and Attorney James Bowden from Waller Lansden, to discuss this controversial practice, the US Supreme Court’s shocking decision on eugenics and why forced sterilization "is" technically constitutional.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/02/the-law-and-the-liability-of-eugenics/

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Solos, Structured Settlements, & Medicare Set Asides

Solo attorneys need to know what is happening in the structured settlement industry for a more successful practice. New Solo host, Attorney Kyle R. Guelcher, a solo practitioner looks to the experts, Ringler Associates Consultant Peter Early, and Vincent Polinsky, Director of Operations at Ringler Medicare Solutions, to explain the evolving role of the structured settlement consultant today. Hear the discussion about the advantages of a Medicare Set-Aside, and the benefits overall to your client’s settlement.

Source: http://legaltalknetwork.com/podcasts/new-solo/2012/04/solos-structured-settlements-medicare-set-asides/

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Federal appeals court declines to change marijuana drug classification

[JURIST] The US Court of Appeals for the District of Columbia Circuit [official websites] ruled [opinion, PDF] Tuesday that it would not compel the Drug Enforcement Agency (DEA) [official website] to change the listing of marijuana as a Schedule I drug. The Controlled Substances Act of 1970 (CSA) [text] permits the DEA to place narcotics into various Schedule classes and permits outside groups to request reclassification of those narcotics. Schedule I is the most restrictive classification for drugs and includes...

Source: http://jurist.org/paperchase/2013/01/federal-appeals-court-declines-to-change-marijuana-drug-classification.php

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Legal Crackdown on Human Trafficking

Human trafficking is "modern-day slavery." And if you think it isn’t happening near you, think again. The United Nations estimates nearly 2.4 million people may be the victims of this crime. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams take a legal look at this troubling issue with Professor Bridgette Carr from the University of Michigan Law School, Attorney Ann Johnson from Houston, Texas and Mary C. Ellison, Director of Policy for Polaris Project.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/04/legal-crackdown-on-human-trafficking/

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Wednesday, January 23, 2013

Affirmative action ban in state constitution violates US constitution (8-7)

Michigan voters adopted a state constitutional amendment that prohibits "all sex- and race-based preferences in public education, public employment, and public contracting."

The 6th Circuit (8-7) held this provision - as it relates to education - violates the 14th amendment's equal protection clause.

Coalition to Defend Affirmative Action v. Univ of Michigan (6th Cir 11/15/2012)

(Plaintiffs limited their challenge to racial discrimination in public education.)

The court said that a black applicant could seek adoption of a constitutionally permissible race-conscious admissions policy only through the "lengthy, expensive, and arduous process" of amending the state constitution. On the other hand, someone wishing to change any other aspect of a university's admissions policy has four options - lobby the admissions committee, petition the leadership of the university, seek to influence the school's governing board, or initiate a statewide campaign to alter the state's constitution.

"The existence of such a comparative structural burden undermines the Equal Protection Clause's guarantee that all citizens ought to have equal access to the tools of political change."

Seven judges wrote five DISSENTING opinions. Six said that the majority relied on two US Supreme Court cases that "have no application here," and one said that the majority relied on "an extreme extension" of those cases. The cases are Hunter v. Erickson, 393 US 385 (1969), and Washington v. Seattle Sch Dist, 458 US 457 (1982).

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Source: http://www.lawmemo.com/blog/2012/11/affirmative_act.html

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Secure Your Legal Data in the Cloud

The use of cloud-based services and technology is top-of-mind for many law departments today, who wonder, "Is the cloud really secure enough to store my company’s confidential legal data?" In this edition of Tech Experts, information security expert, Joe McMorris, VP of Information Technology at Datacert, will explore this question and offer practical advice about the critical information security and compliance questions you should ask before entrusting a cloud-based legal software vendor with your data.

Source: http://legaltalknetwork.com/podcasts/tech-experts/2012/07/secure-your-legal-data-in-the-cloud/

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Ouch! Lessons Learned from the Morgan Lewis’ Redaction Disaster

Digital Detectives co-hosts, Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc.,and John W. Simek, Vice President of Sensei Enterprises, join Christine Musil, the Director of Marketing for Informative Graphics, as they take on the Morgan Lewis’ Redaction Disaster. In that case, Morgan Lewis accidentally filed an exhibit that contained unredacted information, information its client had spent a lot of money to protect from disclosure. Christine explores the most common redaction mistakes, how these mistakes can be avoided and the benefits and pitfalls of electronic redaction vs. the traditional paper-based method.

Source: http://legaltalknetwork.com/podcasts/digital-detectives/2012/08/ouch-lessons-learned-from-the-morgan-lewis-redaction-disaster/

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Legal Talk Network Live at LegalTechNY 2012- Clio Introduces Document Automation

Jack Newton, CEO and Co-Founder of Clio, explains Clio's newest feature: Document Automation, allowing attorneys to quickly and easily create forms from the information already imported into their Clio database. Be sure to watch the interview , hosted by Legal Talk Network producer, Kate Kenney.

Source: http://legaltalknetwork.com/podcasts/gone-clio/2012/02/legal-talk-network-live-at-legaltechny-2012-clio-introduces-document-automation/

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Mark Woods: Everybody needs a rock, and to know where to find one (Florida Times-Union)

Share With Friends: Share on FacebookTweet ThisPost to Google-BuzzSend on GmailPost to Linked-InSubscribe to This Feed | Rss To Twitter | Law - Video Stories, News Feeds and News via Feedzilla.

Source: http://news.feedzilla.com/en_us/stories/law/video/278963363?client_source=feed&format=rss

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Please Refrain from Using My Refrain! Musicians Again Confront Politicians for Unauthorized Use of Songs

Nicole Rizzo Smith, Sunstein, Kann, Murphy & Timbers LLP, discusses the unauthorized use of songs by politicians in our latest IP podcast. Read Ms. Smith's article on this topic at http://bit.ly/zDEV4k.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/03/please-refrain-from-using-my-refrain-musicians-again-confront-politicians-for-unauthorized-use-of-songs/

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Lawyer for Ukraine ex-PM Tymoshenko under criminal investigation

[JURIST] A lawyer for former Ukrainian prime minister Yulia Tymoshenko [personal website; JURIST news archive] announced Monday that a criminal investigation has been initiated against him. The criminal investigation against Serhiy Vlasenko involves [AP report] alleged car theft, robbery and failure to obey a court order. Vlasenko has denied all allegations and condemned the government's action as being politically motivated to deprive Tymoshenko of her defense, just three days after Prosecutor General Viktor Pshonka [official website, in Ukrainian] charged [JURIST...

Source: http://jurist.org/paperchase/2013/01/lawyer-for-ukraine-ex-pm-tymoshenko-under-criminal-investigation.php

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UN rights officials: indiscriminate violence worsening aid situation in Syria

[JURIST] UN Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator Valerie Amos and the UN High Commissioner for Human Rights Navi Pillay [official profiles] stated [press release] on Friday that the continued violence in Syria is harming civilian human rights and humanitarian attempts at aiding those in need. Amos expressed particular concern [press release, PDF] for the vicious nature of the violence, the increased sexual violence and Syria's harsh winter. Four million people in Syria require assistance, and half of...

Source: http://jurist.org/paperchase/2013/01/un-rights-officials-indiscriminate-violence-worsening-aid-situation-in-syria.php

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Tuesday, January 22, 2013

Law Blog Video: Roe v. Wade Turns 40

Law Blog Video: WSJ's Ashby Jones discusses what's happening 40 years after Roe v. Wade.

Source: http://blogs.wsj.com/law/2013/01/22/law-blog-video-roe-v-wade-turns-40/?mod=WSJBlog

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Act Two: Legal Tech Pioneers Return to Compete in Legal Tech Market

On Law Technology Now, host and Law Technology News magazine editor-in-chief, Monica Bay joins William Bice, co-founder and chair of LiquidPractice, and Graham Smith, founder and CEO of Opus 2 International, to talk about Law Technology News’ April cover story, "Act Two." Bice and Smith explain why they decided to return to the legal technology community after selling ProLaw and LiveNote to an industry giant.

Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/03/act-two-legal-tech-pioneers-return-to-compete-in-legal-tech-market/

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How Law Firms Can Track Time

How does your firm track time? On The Un-Billable Hour, host Attorney Rodney Dowell, Executive Director at Lawyers Concerned for Lawyers and Director of LCL’s Massachusetts Law Office Management Assistance Program joins Danny Wen, Co-founder of Harvest Software and Sri Vemuri, Marketing Manager at Harvest Software, to discuss how law firms can track time and invoice clients in a way that captures more time and allows attorneys to receive payment more quickly.

Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/02/how-law-firms-can-track-time/

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Future OS: Windows 8, Apple Mountain Lion and Beyond

Has it really been three years since the introduction of Windows 7? Surveys indicate that Windows XP users still outnumber Windows 7 users. Recent announcements indicate that we'll be seeing both Windows 8 and a new Mac OSX update called Mountain Lion in 2012. In this episode, Dennis Kennedy and Tom Mighell take a look at what we have now learned about operating system updates, the current state of operating systems, and what our future operating systems might look like. After you listen, be sure to check out Tom & Dennis’ co-blog and book by the same name, The Lawyers Guide to Collaboration Tools and Technologies.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/02/future-os-windows-8-apple-mountain-lion-and-beyond/

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Women Who Opt Out: The Debate over Working Mothers and Work-Family Balance

Bernie Jones, Associate Professor of Law at Suffolk University Law School, discusses her new book, "Women Who Opt Out: The Debate over Working Mothers and Work-Family Balance." To learn more about Professor Jones' book, visit http://bit.ly/H6Fd2W.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/05/women-who-opt-out-the-debate-over-working-mothers-and-work-family-balance/

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Legislators eager for court caseload details

Questions from lawmakers this week signaled a lot of interest in the ongoing study that could lead to changes in judge assignments around Virginia.

Responding to a question from Sen. Emmett Hanger, R-Mount Solon, Virginia Supreme Court Executive Secretary Karl Hade said it was “premature” to expect any hints from the National Center for State Courts on its “weighted caseload” study of Virginia trial courts.

Hade said he had not heard any details from the NCSC about the study.

“A lot of people back home are interested in the outcome,” said Sen. Jill Vogel, R-Upperville.

The study is on course to be presented to the General Assembly in November, Hade said.

The 2013 General Assembly will have to decide how many – and which – judgeships to fund without the benefit of data from the caseload study. There are 47 vacancies, Hade said. Gov. Bob McDonnell’s budget proposal would provide money to fill 15 of them.

“There are a number of other vacancies that are in critical need of being filled,” Hade told members of a Senate Finance subcommittee. He noted McDonnell’s plan would fund one of two general district court vacancies in the sprawling 15th District, but that would still leave the area with a caseload 47.4 percent above average.

Also looking for favor from the Assembly money committees are state prosecutors. Salaries for assistant commonwealth’s attorneys are so low, lawyers are leaving for better paying jobs or taking part-time work in the evening, Lynchburg Commonwealth’s Attorney Mike Doucette told legislators.

“You cannot be an assistant commonwealth’s attorney who is tending bar at night and be effective the next day,” he said.

Source: http://valawyersweekly.com/vlwblog/2013/01/17/legislators-eager-for-court-caseload-details/

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Planning for Your Digital Estate

With so much of your key information and assets migrating online, it’s a challenge to remember all your passwords and accounts. So just imagine the headaches your spouse or family will have trying to figure it all out once you pass away. On this Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss how to prepare your “digital estate” before death or incapacity. After you listen, be sure to check out Tom & Dennis’ co-blog and book by the same name, The Lawyers Guide to Collaboration Tools and Technologies.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/05/planning-for-your-digital-estate/

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