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Showing posts from July, 2013

Judicial Efficiency

Backlogs of cases are increasingly common in courts. According to the U.S. Supreme Court's website , its caseload alone "has increased steadily to a current total of more than 10,000 cases on the docket per Term. The increase has been rapid in recent years. In 1960, only 2,313 cases were on the docket, and in 1945, only 1,460. Plenary review, with oral arguments by attorneys, is granted in about 100 cases per Term. Formal written opinions are delivered in 80 to 90 cases. Approximately 50 to 60 additional cases are disposed of without granting plenary review. The publication of a Term's written opinions, including concurring opinions, dissenting opinions, and orders, approaches 5,000 pages. Some opinions are revised a dozen or more times before they are announced." (Other federal caseload data can be found here .) Does this mean we're a more litigious society? Perhaps, if the case increase were civil in nature. But the increase is occurring in criminal courts as

Nader's Believe it or Not?

In many students, torts inflicts emotional distress.   Now, instead of merely reading about the sometimes improbable, sometimes heartrending, often complex world of tort law, Americans will be able to visit a museum dedicated to torts!  At least if Ralph Nader's plans materialize.  Nader intends to open the American Museum of Tort Law, according to the Washington Post . Exhibits may include a Chevrolet Corvair, which helped launch Nader's career (see Unsafe at Any Speed ).  What else might we find?  A range of negligent pharmaceutical labels?  Cigarette cartons from smokers' class action lawsuits?  Or perhaps the coffee cup from Liebeck v. MacDonald's Restaurants ?  So in a few summers, perhaps, you can take your kids on an exciting family vacation the Griswolds could only dream of--and maybe even list it for CLE credit!

Social Media Defamation?

A recent New York Times article,  Should Reddit Be Blamed for the Spreading of a Smear?, raises the question of whether social media sites acting as "news" outlets should be held accountable (morally and perhaps legally) for misinformation. Immediately following the Boston Marathon bombing, users of social news site Reddit incorrectly identified one of the bombing suspects. This incorrect identification resulted in media attention to and harassment of the family of the misidentified suspect, who ultimately committed suicide. The First Amendment to the Constitution identifies what we commonly think of as the freedom of the press. What does that right mean with the advent of new media? For a starting point for your inquiry, check out Free Speech in the New Media.

Join the Columbus Bar Association

The Columbus Bar Association bills itself as "Your Neighborhood Bar." One facet of its mission is to provide "excellent, innovative and cost effective services to members of the legal profession." For law students and new admittees to practice, joining a local bar association like the CBA can provide you numerous benefits at a very low (potentially tax-deductible) cost. Student membership is free, and you can join a variety of committees to schmooze and network with leading attorneys in your field of interest. For new attorneys, membership is only $150, and you can get 12 hours of free new lawyer training for CLE credit! Discounts and insurance are another great feature of your bar membership. Members also receive several publications , like the Lawyers Quarterly, that provide educational articles, profiles of judges you may practice in front of, and a host of events and activities you can attend to build your skills and network.

Notorious R.B.G.

Researching Supreme Court Justices and their jurisprudence? Check out these books: Justices of the United States Supreme Court: their lives and major opinions The encyclopedia of the Supreme Court In chambers : stories of Supreme Court law clerks and their Justices Looking for something a little less formal...perhaps a little more fanboy or fangirl-like? Try Notorious R.B.G. , featuring " Justice Ruth Bader Ginsburg , in all her glory ."

Hurricane Sandy Aftermath...and the Streets will Run Red with Wine

Hurricane Sandy caused widespread destruction. Forty-four people were killed as the result of the storm, and the property damage count is not yet settled. In More Than a Flooded Cellar. A Vintage Mystery. , the New York Times describes Sandy-related legal battles queuing up with several individuals who stored their wine with WineCare, a company that "marketed itself as a high-security cellar that stores, catalogs and cares for 27,000 cases of wine in the basement of a Manhattan warehouse, charging substantial fees to safeguard collections worth tens of millions of dollars." What's the number one claim likely to be brought? Breach of contract. There's a slight problem with the remedy, however. Much of the wine is irreplaceable. Monetary damages may be available, but it may be impossible to replace some (or much) of the lost wine due to its rarity. If you find yourself representing either side of a similar battle once you enter practice, pay close attention to a

Bar Prep: To Sue or To Sun?

Recent news brings us two bar exam approaches you may not have considered.  First, an alternative to studying:     Jamar Osborne, an aspiring Texas lawyer has filed a lawsuit claiming the bar exam is unconstitutional.   Join the Above the Law staff in issue spotting Osborne’s argument here . And if you’d rather proceed with your exam (it will be over soon!), you might want to borrow a page from studiers like Casey Pearlman and Evan Sypek, featured in the New York Times .   These NYU grads opted to spend their bar summers studying at the beach.   So enjoy the sun while you consider the ins and outs of civil procedure via class action lawsuits against sunscreen manufacturers !

What Makes a Parent a Parent?

Adoptive Couple vs. Baby Girl , was recently decided by the U.S. Supreme Court, then sent back to South Carolina for final disposition. The actual holding at the U.S. Supreme Court is as follows, according to SCOTUS Blog : "Assuming for the sake of argument that the biological father in this case is a "parent" for purposes of the Indian Child Welfare Act, the Act still does not bar termination of the biological father's paternal rights." The baby girl at issue was adopted as an infant, removed from her adoptive family at two-years-old and given to her biological father, and has now been returned to the adoptive couple at the age of four. The legal system is frequently employed to resolve emotionally fraught custody disputes. For a look at the ethical and moral questions that arise, check out The Ethics of Transracial Adoption Ethics in American Adoption Improving the Quality of Child Custody Evaluations Domestic Violence, Abuse, and Child Custody: Legal

Zimmerman Trial - Attorney Etiquette in and out of the Courtroom

The George Zimmerman Trial began recently, and defense counsel Don West has already received criticism for a poor choice in how to begin his opening statement . The current issue Mr. West faces? Criticizing a witness for the prosecution via his daughter's Instagram account . The prosecution has requested a formal inquiry for the nature of the comments, but it also seems to have been a poor choice to broadcast opinions about witnesses via such a public medium. But can an attorney face discipline or sanctions for the actions of his or her child? If you're researching this issue, you might try looking for recent ethics opinions from state agencies governing attorney discipline, since the medium (Instagram) is fairly new. You might also try thinking about the issue in old-school terms: look for opinions or cases in which an attorney was disciplined for the actions of someone he or she had authority over, regardless of whether that actor was using a telephone, fax machine, telegr

The Blog is on Vacation!

The Moritz Legal Information Blog is taking a summer vacation to sunny Seattle , this year's host of the American Association of Law Libraries (AALL) conference . To see some of the sights the blog will be taking in, check out the Local Arrangements Committee site . For all the ways the blog will be learning to assist you better when it returns, view the conference schedule  of events. With four days of opportunities to better assist law students and faculty, the blog is sure to return with phenomenal ideas to make your life easier. See you July 17!

Free Speech, Threats to the President, and Twitter

"Whoever knowingly and willfully deposits for conveyance in the mail or for a delivery from any post office or by any letter carrier any letter, paper, writing, print, missive, or document containing any threat to take the life of, to kidnap, or to inflict bodily harm upon the President of the United States, the President-elect, the Vice President or other officer next in the order of succession to the office of President of the United States, or the Vice President-elect, or knowingly and willfully otherwise makes any such threat against the President, President-elect, Vice President or other officer next in the order of succession to the office of President, or Vice President-elect, shall be fined under this title or imprisoned not more than five years, or both." 18 U.S.C. § 871 . Turns out, tweeting threats constitutes "mak[ing] any such threat" against the President, and a number of hapless individuals are serving time as a result .

50 Simple Ways to Market X

The ABA website recently featured an article titled " 50 Simple Ways You can Market Your Practice ." The tips seem particularly handy if you have your own small practice, but it crossed my mind they're also valuable tips for job hunting. The idea is to be front-of-mind to folks, whether they be potential clients, sources of referrals, or future employers. Clients are, after all, employers for solo practitioners. For more employment pointers, check out some of the library's books on legal employment .

Happy (Belated) Canada Day!

Yesterday was Canada Day , so here are some resources on the law of the True North Strong and Free: Guide to the law of Canada at the Library of Congress Canadian Legal Research Blog Links to News Releases, Decisions, and Case Information at the Supreme Court of Canada plus a virtual tour And, some books at the Moritz Law Library: The Practical Guide to Canadian Legal Research Essential Readings in Canadian Constitutional Politics Canadian Green Energy Law and Policy Youth Criminal Justice Policy in Canada: A Critical Introduction The African Canadian Legal Odyssey: Historical Essays Westward Bound: Sex, Violence, the Law, and the Making of a Settler Society

SCOTUS Stats

The U.S. Supreme Court has come out with a number of decisions recently, which may have your interest piqued about Supreme Court judicial decision-making.  Here are a few resources with stats and data on the Supreme Court justices and their opinions: Which justice asked the most questions? Is there a new 5-4 alignment? Stats have answers The Supreme Court compendium : data, decisions, and developments The Supreme Court : a C-SPAN book featuring the justices in their own words