Category «Legal Profession»

Post-Conviction Representation, Pro Se Practice and Access to the Courts

After the first criminal appeal, there is no constitutional right to counsel. Thus, the convicted and imprisoned pursuing discretionary appeals and habeas corpus relief must research, investigate and litigate as their own attorney. Law librarian, criminal defense attorney, and well-known writer and speaker Ken Strutin’s guide documents a body of law that has developed defining the spectrum between full-blown post-conviction representation and the impact of the conditions of confinement on pro se litigants.

Subjects: Court Resources, Criminal Law, Features, Legal Profession, Legal Research

Legal ethics and retention of electronic data

Lawyers are increasingly shifting their day to day operations to applications and operations that leverage the convenience and affordability offered by the concept of a paperless office. Attorney Nicole Black talks about how doing so can raise an assortment of ethical issues, since the confidentiality of client information must always be maintained, regardless of the format in which it is stored or distributed.

Subjects: E-Discovery, Features, Law Firm Marketing, Legal Ethics, Legal Profession, Software

Employment Resources on the Internet

Web research guru Marcus P. Zillman’s guide is a comprehensive listing of employment resources available on the Internet. Zillman identifies links, search engines and resume writing sources from across many professional sectors which will help you discover, review, leverage and incorporate actionable information into a successful job search strategy.

Subjects: Data Mining, Features, Internet Resources - Web Links, Job Hunting, Recruiting

Mass Incarceration and the “Degree of Civilization”

Ken Strutin – law librarian, criminal defense attorney, and well-known writer and speaker, documents the preeminence of the United States as the world leader in incarceration. He states that incarceration is when a person loses their freedom pending trial or by serving a sentence – and mass incarceration is when millions of people are imprisoned and kept there based on a generation of tough on crime policies. The number of persons behind bars, which is higher in the United States than anywhere in the world, creates a ripple effect throughout the criminal justice system and society at large. This fact has inspired intense study of this punishment by many academic disciplines, public interest institutions and government agencies. His article focuses on selected recent and notable publications from these sources along with a list of current awareness sites.

Subjects: Criminal Law, Ethics, Features, Legal Research

Animal Rights in the Human Legal System

The struggle for human rights has gone on for ages, but the story of animal rights has only begun to be told. Ken Strutin’s guide is a compilation of new and notable legal resources on animal rights and welfare. Its jurisprudence takes into account the various roles that society has assigned to animals, e.g., companion, servant or object, as well the implications of their participation or use in different sectors of modern life. Some of the key legal areas of confluence include: (1) animal rescue; (2) protective legislation; (3) law enforcement and forensics; (4) elder care and end of life issues; (5) abuse registries; (6) environmental hazards; (7) witness assistants; and (8) development of advanced degrees and specialization in animal law.

Subjects: Ethics, Legal Ethics, Legal Research

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.

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

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.

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