Category «Courts & Technology»

Criminal, privacy implications of drones

Nicole Black discusses a recent NJ case that raises significant questions about the future of privacy and the use of drones for surveillance purposes by both private individuals and governmental entities. Cases such as this one involving the discharge of a weapon to destroy a privately owned drone used to surveil a neighbor’s property will impact interpretations of privacy laws in New Jersey, New York and around the country as well.

Subjects: Courts & Technology

Legal Loop: Lawyers, technology and a light at the end of the tunnel

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.

Subjects: Case Management, Court Resources, Courts & Technology, Gadgets, Gadgets/Gizmos, Online Legal Research Services, Portals, Public Records

On the Legal Importance of Viewing Genes as Code

On June 13, 2013 the Supreme Court issued its opinion in the much–awaited Myriad case, which challenged the validity of patents on isolated human genes. The Court held that the isolated genetic sequences claimed in Myriad’s patents did not satisfy the inventive threshold for patentability, although the complementary DNA (cDNA) claimed in the patents did. Prof. Annemarie Bridy examines critical elements of the case with a focus on the extent to which the outcome turned on a single conceptual choice: When assessing patentability, should the legal analysis focus on the isolated DNA’s chemical structure or its information-coding function?

Subjects: Courts & Technology, Features

Canine Assisted Investigation in the Borderlands of Privacy

Ken Strutin brings attention and focus to the fact that dog detection at airports for contraband, in traffic stops for narcotics, at fire scenes for accelerants and at suspect lineups are playing an increasingly important role in criminal investigations. At the same time, Ken documents that the thresholds of olfactory detection continue to test the limits of privacy, probable cause and due process. Recently, the U.S. Supreme Court decided two cases involving animal assisted investigation. The fallout from these decisions will add to the evolving body of case law in federal and state courts as they continue to sort out the constitutional limits of this type of investigation.

Subjects: Court Resources, Courts & Technology, Cyberlaw Legislation, Privacy

When judges, jurors and the Internet collide

In the past, attorney Nicole L. Black has described misguided attempts by judges to excessively penalize jurors for using social media or the Internet during the pendency of trials. In fact, over the last year, judges have gone so far as to fine or jail jurors who have used social media during trial, and legislators have proposed laws that would criminalize such conduct. This despite the fact that jurors have been violating judges’ orders not to research or discuss pending cases since the dawn of jury trials.

Subjects: Court Resources, Courts & Technology, Features, Gadgets, WiFi

Litigation, trial and pre-trail iPad apps for lawyers

One of the most popular and rapidly growing categories of apps for lawyers are those developed for litigation, during trials and during the pretrial discovery phase. In this article, attorney, legal blogger and legal tech expert Nicole Black recommends more than a dozen affordable, flexible and innovative iPad apps to assist attorneys in their work to develop, streamline, simplify and track critical litigation processes.

Subjects: Courts & Technology, Criminal Law, Legal Research, Legal Technology, Litigation Support, Mobile Tech, Mobile Technology, Technology Trends

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