Category «Features»

Postcard from Vienna: The Vis Moot and the Triumph of Foreign and International Law

Nicholas Pengelley vibrantly documents, with accompanying photos, his latest experiences as evaluator of written memoranda, arbitrator at oral arguments, and sometime team coach at the Vis Moot, in which he has participated for a decade. The moot, which always takes place in the week leading up to Easter, is held in Vienna because of its associations with the Vienna Convention on Contracts for the International Sale of Goods (“CISG”). This is the law of the contract for all of the moot problems, which always involve a contractual sale of goods dispute between parties from two different countries.

Read more

Subjects: Communication Skills, Comparative/Foreign Law, Features, International Legal Research, Legal Profession, Legal Research

The Age of Innocence: Actual, Legal and Presumed

Ken Strutin reasons that any accounting of the justice system would put the presumption of innocence at the top of the ledger. The premise underlying this evidentiary rule is that no one should be found guilty of a crime unless the state has convinced a jury with proof beyond a reasonable doubt. The materials Ken has researched and documented for this guide focus on the drift from unitary innocence, which encompasses all possible claims to a wrongful conviction, to factual innocence rooted in exoneration jurisprudence. According to some scholars, factual exonerations may have confounded the wisdom behind the Blackstone Ratio and its overarching message, i.e., criminal law and procedure ought to be weighted in favor of innocence to avoid wrongful conviction, even if there is a chance that the guilty will benefit as well. In other words, a system of justice that is fair to all and seeks to protect the innocent from wrongful prosecutions must apply safeguards that will be over inclusive. The calculations of truth and fairness are rooted in a system of justice based on due process (or a presumption of due process). The scholarship collected here attempts to address questions of whether the concept of innocence is selective or categorical.

Read more

Subjects: Criminal Law, Features, Legal Research

Researching Australian Law

Nicholas Pengelley and Sue Milne present a completely updated guide to researching law in Australia. The Commonwealth of Australia is a common law jurisdiction; a federation within the British Commonwealth, with Queen Elizabeth II as its head of state. The Queen is represented in Australia by a Governor-General at the national level, and in each of the six states by a Governor. The Australian Constitution, embodying the doctrine of separation of powers, prescribes the authority of the executive, legislative and judicial arms of government. It was enacted British Act of Parliament in 1901 and the then separate colonies were united as states of one country. As well as the six states there are three self-governing territories (one of them, the Australian Capital Territory, is the site of the federal seat of government, Canberra) and a number of external territories – islands in the Indian and Pacific Oceans, and the Australian Antarctic Territory.

Read more

Subjects: Features

A Guide For the Perplexed Part IV: The Rejection of the Google Books Settlement

On March 22, 2011, Judge Denny Chin rejected the proposed settlement in copyright infringement litigation over the Google Library Project. Judge Chin found that the settlement was not “fair, reasonable, and adequate” as required by the Federal Rules of Civil Procedure. Judge Chin issued the decision over a year after the fairness hearing he conducted. His opinion agrees in large measure with the objections to the settlement asserted by the U.S. Department of Justice at the hearing and in its written submissions. This paper by Jonathan Band continues the series in which he discusses the opinion and where it leaves Google Books Search.

Read more

Subjects: Copyright, Features, Search Engines

Emerging Legal Issues in Social Media: Part II

This is the second installment of an examination of notable and new developments in social media and legal practice. Part One highlighted important statutes, case law, ethics opinions, along with extensive news media coverage of law-related social media issues. Part Two focuses on recent items that have appeared in professional journals and blogs, 1 law reviews, reports, books and secondary resources, along with references to current awareness sources. 2

Read more

Subjects: Features

SharePoint, Training Not Required

Lorette Weldon’s research has identified that librarians are using SharePoint in the corporate, government, and non-profit sectors. She expertly identifies and illustrates how to leverage the power of this application through an understanding of the site templates that Microsoft bundles in SharePoint “out-of-the-box”. These templates are based on social networking abilities and not program coding. Through “plug and play” efforts librarians can find the features in SharePoint that will assist them in managing their multifaceted “collections.”

Read more

Subjects: Features, Libraries & Librarians, Library Marketing, Library Software & Technology

Knowledge Discovery Resources 2011 – An Internet MiniGuide Annotated Link Compilation

This new guide by Marcus P. Zillman focuses on the most current and reliable resources for knowledge discovery available on the Internet. With the constant addition of new and pertinent information to the web, it is very easy to experience information overload. A critical requirement for researchers is finding the best knowledge discovery resources and sites in both the visible and invisible World Wide Web. These carefully selected knowledge and information discovery sources will help you accomplish your research goals.

Read more

Subjects: Features, Legal Research, Search Engines

Deep Web Research 2011

Internet research guru Marcus P. Zillman’s comprehensive, extensive guide focuses on how expert search engines have written algorithms to mine the deeper portions of the web by targeting file formats such as .pdf, .doc, .xls, ppt, .ps. and others. These files are predominately used by businesses to communicate information both within their organization and to those outside enterprise systems. Searching for this information using deeper search techniques and the latest algorithms empowers researchers to obtain a vast amount of corporate information previously unavailable or inaccessible. Research has also shown that even deeper information can be obtained from these files by searching and accessing the “properties” information on these files.

Read more

Subjects: Features, Internet Resources - Web Links, Internet Trends, Legal Research, Search Engines, Technology Trends

Emerging Legal Issues in Social Media: Part I

In Part 1 of his commentary, Ken Strutin discusses how the growth of social media and social networking applications has permeated and extended the range of legal investigation, discovery and litigation. The materials he highlights represent a current sampling of notable developments in law enforcement, law practice, civil and criminal litigation, and technology’s influence on human behavior.

Read more

Subjects: Features, Internet Trends, Law Firm Marketing, Legal Ethics, Legal Research, Legal Technology, Privacy

The Risky Business of Information Sharing: Why You Need to Care About Copyright

Copyright is an essential tool in the spread of new ideas, and the workplace has become ground zero for infringement. Ask employees up and down the corporate hierarchy, and they’ll tell you that whisking information electronically to co-workers is integral to their jobs. Their employers will emphatically agree. But unauthorized swaps of information also carry enormous potential risk: Ordinary office exchanges, so natural to the digital world, can easily violate the copyright rights of others and bring costly lawsuits or settlements. Now the same technology that has dramatically defined the Internet age is drawing a new roadmap to compliance, with software tools that simplify adherence to copyright requirements.

Read more

Subjects: Copyright, Features, Internet Use Policies, Law Library Management, Technology Trends
➤