Category «United States Law»

Arson and the Science of Fire

Ken Strutin’s expert commentary focuses on the duality of fire as both a science and a set of actions and behaviors initiated by individuals and groups. Strutin documents how these factors relate to the complexities of criminal prosecutions in this arena, and how assumptions about the former have led to misjudgments about the latter. Further, he examines how progress in the understanding of how fires begin and spread has called into question the integrity of arson convictions. His guide is a collection of selected research publications, web resources and case studies as well as scholarly legal articles and scientific reports on arson investigation and fire science.

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Subjects: Criminal Law, Features, Legal Research

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.

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

Kirtsaeng v. Wiley

What if you had to ask permission before selling, lending, or even giving away your books? On October 29, 2012 the Supreme Court heard oral argument in the case of Kirtsaeng v. Wiley & Sons, a case that could change the way we own everything from books to watches. Brandon Butler and Jonathan Band discuss how libraries, who own books, movies and other copyrighted works on behalf of the public could be hit especially hard by this decision.

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Subjects: Copyright, Features, Legal Research, Libraries & Librarians, Publishing & Publishers (Legal)

Reliable Sites and Sources for Election Fact Checking

The event happens every four years in the U.S., but it consumes us for over 10 months, and takes perhaps 10 minutes to complete. The event is the U.S. Presidential Election. The action is voting. There are so many different points of view and so much news about the candidates and issues that is is often difficult to locate unbiased information and sort through the facts in the media. Barbara Fullerton highlights several sites to help voters review the issues and check the facts during this critical political process.

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Subjects: Election Law, Features, News Resources, Search Engines, Search Strategies

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.

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Subjects: Criminal Law, Ethics, Features, Legal Research

State Small Business Development Centers

George Bergstrom’s guide helps to identify resources to research how to start a small business in each of the 50 states. He suggests the first place to start may be the Small Business Administration’s district offices. The federal Department of Housing and Urban Development Disadvantaged Business Utilization Program has state level resources. Another resource for many states are LinkedIn groups and Facebook groups of entrepreneurs and small business persons. In addition, George recommends checking with the local Chamber of Commerce for the area in which you plan to operate your business.

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Subjects: E-Government, Government Resources

The Decline of DVD-by-Mail, or Further Thoughts on the Digital Death of Copyrights First Sale Doctrine

Prof. Annemarie Bridy comments on a dynamic new area of online copyright and licensing as she focuses on how Netflix is transitioning from an operating model that is clearly covered by an exception to copyright law to one that (very probably) requires permission for every content delivery.

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Subjects: E-Commerce, Features, Internet Trends, Legal Research, Licensing

Clemency Clinics: A Blueprint for Justice

Ken Strutin’s article presents a significant collection of expertly selected resources on clemency and other established post-conviction projects. It also includes general resources that can be used in the process of starting up a clemency clinic or a project in a law school, bar association, law firm, university, college or any entity interested in undertaking a role in arena of work. Ken documents how innocence projects and law clinics are good models for clemency projects because they pursue claims frequently raised in pardons. He also identifies how schools of journalism, paralegal and legal assistant programs, and private law firms, defense providers, individual attorneys and not-for-profits spearheaded by those directly affected, have embraced a mission to address injustice in their particular ways.

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Subjects: Criminal Law, Features, Legal Research

FOIA Facts: Things Requesters Should Know

FOIA expert Scott A. Hodes shares his professional experience working with FOIA Analysts, and their perspective on how they make the FOIA process smoother in regard to their relationships with requesters. This however is a double edged coin – FOIA requesters can also take specific steps and make efforts to assist with the satisfactory and timely completion of a request when communicating with government FOIA personnel.

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Subjects: FOIA Facts, Government Resources, Legal Research
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