Ken Strutin’s paper addresses a seminal issue that has been an integral part of the personal and collective ethic of diverse peoples around the world. As Strutin states, when life is classified biologically, it is also defined legally. Thus is formed the tension between the natural and juridical worlds. Whether animal rights can ever fall within the ambit of personhood will depend as much on the findings of cognitive science as on the evolution of legal remedies. Indeed, the foundations for nonhuman personhood are being laid in a growing body of litigation and scholarship at the borderlands of science and civil justice.
Ken Strutin argues that cut-and-paste is a laudable method for reducing transcription errors in copying citations and quotations. However, he identifies that a problem arises when it is used to lift verbatim sections of a party’s arguments into a case decision. Stipulations and proposed orders from counsel for both parties might be enviable and practicable, but judgment and fact-finding are solely in the province of the court. This has been a long standing issue that has spanned technologies from shears and paste-pot to typewriters and computers, and which might culminate in a Turing Test for case law.
Nicole Black lauds the the leading edge role taken by the New York State Bar in determining issues related to lawyer use of cloud computing and client confidential data. In two different opinions handed down in the latter half of this year, the New York Bar committee reaffirmed the applicability of the longstanding duty of due diligence when assessing the security of third party service providers, explaining that a lawyer must assess whether the technology offers reasonable protections against disclosure and must also take reasonable precautions when using technology.
Thomas R. Bruce, Director of the Cornell University Law School Legal Information Institute discusses how Google Scholar’s caselaw collection is a victory for open access to legal information and the democratization of law. He strongly acknowledges the fifth anniversary of this open access legal web site, but goes further to focus on the importance of this benchmark to the expanding value of freely accessible legal information combined with technically advanced search features available to diverse user communities outside the scope of the legal profession, for free. From caselaw to the rapidly expanding regulatory arena, fed by rules created by over 400 federal agencies that have enormous and multifaceted impact on our lives, the potential for search, discovery, education, empowerment and citizen engagement remains under development. Thank you Tom and all the experts at LII for blazing, maintaining and pioneering the next wave of critical paths to enable access to free legal research.
Nicole Black review the highlights of results of two legal technology surveys about lawyers’ plans to use legal technology in their law practices. They offer a glimpse into the businesses of solo and small firm lawyers and provide indications of their assessments of the value that different types of technologies will bring to their law practices.
More and more lawyers are moving to Web-based legal software because it’s convenient, provides 24/7 on-the-go-access to case-related information, and is affordable. Lawyer and legal tech expert Nicole Black says the good news is now that cloud computing is becoming more familiar and accepted, new platforms are being introduced into the legal marketplace at record speed. She explains how to make effective business choices when determining how and what cloud based applications to use.
Ken Strutin’s documents the scope of sources that encompass a critical issue that has recently repeatedly surfaced in mass media and the legal press – the fact that judicial decisions are believed to embody legal reasoning, societal values and support the foundations of our legal system. For scholars, lawyers and librarians there are three essential components: decision-making, opinion writing and publication. Recently, scrutiny of Supreme Court opinions and the work habits of the courts in general has been drawing attention to the entirety of judicial work that is at the heart of precedent. This article collects a range of pertinent guides, manuals, treatises, law reviews, studies and newsworthy mentions that address significant issues in judicial decision-making, opinion writing and case law publishing.
With over 300 million users, LinkedIn is the most popular social media platform for business and professional use, and attorneys Dennis Kennedy and Allison C. Shields clearly and concisely outline how to leverage this space with smart, targeted and effective ways that positively identify you in communities of best practice, proactively communicate with peers and potential clients, and expand your business reach.
Sarah Glassmeyer’s commentary challenges us to consider a Venn Diagram comprising the current state of legal education; the systematic failures surrounding issues of Access to Justice; and in the third circle is the Reinvent/Innovate/New Law world of individuals attempting to make the practice of law more efficient using technological solutions. Sarah then asks – What lies smack in the center of these circles? The answer – Legal Information. Read on.
Lawyer and legal tech expert Nicole Black highlights how federal court judges are leveraging research and current awareness sources and services provided to professionals and the public via their respective court websites, as well as actively using mobile tools and apps in their daily work flow.