Category «United States Law»

Shaken Baby Syndrome: A Differential Diagnosis of Justice

Ken Strutin’s article is a comprehensive examination of how the concept of Shaken Baby Syndrome (SBS) has become a battleground where medical evidence and legal presumptions clash, testing the limits of judicial wisdom. Strutin presents a collection of recent and select court decisions, law reviews and news articles that explore the ongoing scientific and legal arguments about the definition and exclusivity of shaken baby syndrome evidence.

Subjects: Criminal Law, Legal Research

No Paperwhite read-aloud for you! FCC again lets Amazon and friends diss people with disabilities

David Rothman continues his reporting on the status of Text to Speech applications that have yet to be added to E-Ink readers due to the FCC’s extension of vendor exemptions from complying with a key benefit for the disabled that is part of the Twenty-First Century Communications and Video Accessibility Act of 2010.

Subjects: E-Books, Gadgets, Government Resources, Internet Trends, Legislative, Utilities (Software)

Cameras in the Streets: Focus on Justice

2014 has been a watershed for the national and international role of citizen photo journalists who have impacted in myriad ways events which have in turn sparked debate, protests, and legal action – increasing the scrutiny of activity conducted by groups including law enforcement. Ken Strutin’s timely, informative and significant article collects noteworthy news, litigation, and legal analyses concerning civilians and journalists photo-documenting the activities of law enforcement as well as police use of cameras to record their work.

Subjects: Criminal Law, Free Speech, Internet Trends, Privacy, Social Media

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

Clients and Suicide: The Lawyer’s Dilemma

Ken Strutin’s article discusses an increasingly visible issue, suicide, here in the specific context of criminal law. He reviews how the stress of prosecution or litigation, whether it means risking a prison term, unemployment, bankruptcy, eviction, broken family relations, isolation, or other serious consequences can create or exacerbate a vulnerable and dangerous state of mind in a client. Client suicidal thoughts, attempts or actions expose the intimacies of human autonomy and test the limits of the attorney-client relationship. They cross a range of legal, moral and medical contexts: professional responsibility, client confidentiality, effective assistance of counsel, legal malpractice, criminal liability, and end of life issues. So it is that attorneys confronted with signs of suicidal intentions in their clients need to be conscious of their legal and ethical responsibilities. Strutin’s article is a significant guide for researchers, as it collects notable materials on this complex and sensitive topic, including ethics opinions, law reviews, bibliographies and other resources.

Subjects: Criminal Law

Privacy and Data Security Violations: Whats the Harm?

Daniel J. Solove is a Law professor at George Washington University Law School, an expert in information privacy law, and founder of TeachPrivacy, a privacy and security training company. In the first of a four part series, Prof. Solove’s article focuses on the ramifications of increasingly common instances of personal data theft or improper data disclosure, and the subsequent ramifications for those compromised.

Subjects: Cybercrime, Cyberlaw, Legal Research, Privacy

Case Law in an Era of Heightened Scrutiny

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.

Subjects: Criminal Law, Features, Legal Profession, Legal Research, Legal Research Training