Category «Features»

DNA Identification Evidence in Criminal Prosecutions

In criminal cases, there have been challenges on sufficiency grounds and concerns over the use of forensic DNA evidence as the sole or primary proof of guilt. Uncorroborated DNA matching might not be enough to satisfy the burden of establishing guilt beyond a reasonable doubt. The reliability of forensic DNA testing results might be questioned for any number of reasons, e.g., laboratory error, cross-contamination, interpretive bias or fraud, etc. Ken Strutin’s essay provides an overview of nuclear DNA typing, a sampling of the kinds of discretionary decisions that analysts often confront when interpreting crime scene samples, and concludes with with remarks about current disputes in forensic DNA typing, and how recognition of its inherent subjectivity might inform and illuminate these debates.

Subjects: Court Resources, Courts & Technology, Criminal Law, Features, Legal Research

The Web Guide for the New Economy

This guide by Marcus P. Zillman showcases the latest world wide web resources for discovering new knowledge on and understanding about developments with regard to the New Economy. The rapid changes in government transparency policies have resulted in the release of large volumes of data pertinent to researchers that public, advocacy and corporate entities are publishing to the web.

Subjects: Business Research, E-Government, Features, Government Resources, Internet Resources - Web Links, Legal Research, Search Strategies

Social media, geolocation and privacy, oh my!

Nicole L. Black highlights how our net activities are carefully monitored and meticulously tracked by some of the biggest players, including Google, Amazon, Apple, Microsoft and Facebook. Our individual online footprints, from the Web sites we visit, the items we purchase, the people with whom we communicate, to the locations where we access the Internet, are extremely valuable commodities that are increasingly sought after.

Subjects: E-Commerce, Email, Features, Intellectual Property, Privacy

Preserving Born-Digital Legal Materials – Where to Start?

Sarah Rhodes discusses the monumental challenge of preserving our digital heritage. She argues that law libraries specifically have a critically important role to play in this undertaking as access to legal and law-related information is a core underpinning of our democratic society. Our current digital preservation strategies and systems are imperfect but tremendous strides have been made over the past decade to stave off the dreaded digital dark age, and libraries today have a number of viable tools, services, and best practices at our disposal for the preservation of digital content.

Subjects: Features, Information Management, Law Librarians, Legal Research, Legal Technology, Library Software & Technology, Technology Trends

Ethics of Legal Outsourcing White Paper

The practical reality for US and UK attorneys engaging in or contemplating Legal Process Outsourcing (LPO) is that the outsourcing of both core legal and support services across the legal profession is nothing new. What is different today with the emergence of the LPO industry is that both core legal and legal support related services are being outsourced to lawyers, law firms and corporations located offshore in countries such as India, South Africa and the Philippines. Mark Ross analyzes how the outsourcing of legal work by a law firm or legal department to a legal outsourcing company or an entity located offshore raises specific issues pertaining to the outsourcing lawyer’s ethical obligations to his or her client.

Subjects: Features

Wrongful Conviction and Attorney-Client Confidentiality

Interpreting Rule 1.6(b)(1) of the ABA Model Rules of Professional Conduct in the context of wrongful convictions is complicated by evidentiary and practical considerations surrounding the potential use of such information. This article by Ken Strutin examines resources about several notable cases and the scholarly literature analyzing different approaches to resolving this dilemma.

Subjects: Criminal Law, Features, Legal Research

Understanding the Limitations – and Maximizing the Value – of eBooks

The holiday season is here, and many signs suggest that thousands of people are finding themselves new owners of electronic book (“eBook”) readers. Whether it’s an Amazon Kindle, a Barnes & Noble Nook, a Sony Reader, or any of the less heavily advertised devices currently on the market, electronic book readers are being trumpeted as a product that has finally hit the mainstream after years on the bleeding-edge. eBook readers, in fact, do have the potential to radically reshape how books are read. Equally important, according to Conrad J. Jacoby, they are already reshaping how books are bought and owned.

Subjects: Features