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Showing posts from September, 2013

New Trends in Legal Employment

The work of law firms is no longer done solely by attorneys, paralegals, and legal secretaries. Now more than ever, law firms are partnering with outside vendors to enable greater efficiencies. Document review done by temporary workers and outsourced "legal" work performed out of the country are two faces of the new legal practice. Other vendors, like Novus Law, are stepping in to use technology and design efficiencies to help attorneys get work done more quickly and less expensively than ever before. It doesn't mean there isn't work for new attorneys. It does mean, however, that models of legal employment may be changing. Keeping up to date on these trends is half the battle. Who's Eating Law Firms' Lunch? (ABA Journal)

When the Law Doesn't Keep Up with Life

Legislators can't anticipate everything; in fact, society's best hope sometimes is that legislators are responsive. Often that best hope just isn't enough for the people experiencing the harm caused by the unregulated actions of others. Such is the case with "revenge porn." According to Slate.com , "[i]t’s the term for posting sexual photos of people without their consent (often women, often exes)." California recently passed a bill making "it a misdemeanor offense to post revenge porn only if a prosecutor shows that the poster intended to inflict emotional distress, rather than treating the act of posting a sexual photo without consent as an objectively harmful invasion of privacy." Legislators are attempting to strike a balance between preventing (or perhaps merely punishing) the act and permitting wide exercise of free speech. Consider, however, the position of a University of Miami law professor: Consenting to the photo within a pri

The Role of the FDA - Historical Perspectives

It may seem as though the Food and Drug Administration (FDA) is everywhere regulating sweets, vaccines, diet supplements, and just about everything else that goes on or in the human body. Those with a penchant for small government may be slightly aghast at the level of FDA involvement. Regardless of one's current position, ut may help to get a little historical perspective on an early impact the FDA had in protecting Americans: The Shadow of Thalidomide (N.Y. Times) For more on thalidomide, including legal repercussions from the drug's use and current medical uses of the drug, check out the library catalog .

The Miracle of Microfilm

Think legal research can be done exclusively online?   Maybe not quite yet.   According to the Columbus Dispatch , many Ohio local governments maintain records in paper and … gasp … even on microfilm.   With a life expectancy of 500 years, microfilm excels at preserving material like meeting records and ordinances.      Think the internet does a better job of saving information?   As the New York Times reports, almost half of all links included in Supreme Court opinions no longer work.   Unless we can eradicate problems like link rot (and maybe Google should tackle this problem along with conquering death ), the dinosaurs of the information world, including microfilm, will persist.

A New Meaning to the Phrase "Settling Estates"

We have an update to Friday's post: Tentative Deal in Feud Over Will of an Heiress. The dispute over Huguette Clark's estate was headed to trial, when "a tentative settlement was brokered by the New York State attorney general’s office over the last few days." What's the takeaway? Alternative dispute resolution , mediation, and negotiation are essential skills no matter what substantive law area you choose to pursue. If you're a 3L and haven't developed these skills yet, now is the time to watch a few videos or grab a book or twelve to brush up on essentials.

Two Wills

In what could be a classic Trusts and Estates class hypothetical, the New York Times is covering The Two Wills of the Heiress Huguette Clark: In 2005, Mrs. Clark executed two wills, just six weeks apart. The first, signed in March, would have given virtually all of her fortune, including possession of her Santa Barbara, Calif., oceanfront estate, Bellosguardo , to members of her family. The second, signed in April, cut them out with a nasty Dickensian flourish: “I intentionally make no provision in this my Last Will Testament for any members of my family, whether on my paternal or maternal side, having had minimal contacts with them over the years. The persons and institution named herein as beneficiaries of my Estate are the true objects of my bounty.”  In that version, the lion’s share of the estate — the lavish Bellosguardo, along with furnishings, musical instruments, books and art — would be turned into a foundation for the arts. To avoid such a situation for your clients (h

Blurred Lines, YMCA, and Copyright Concerns

The New York Times links to a podcast episode about copyright ownership, creative control, and money. The podcast explores the following: Will there be a new understanding of who should control and profit from the last century of pop music? And aside from how the law may become reshaped in favor of older songwriters, what does it mean for the creative process of newer songwriters in a time of a different kind of borrowing and adapting?

Money

Perhaps Liza Minnelli said it best in Cabaret: " Money makes the world go around." While that's not necessarily true all the time, money does seem to be a driving force in the legal world. And it's not all about litigation. For example, if you do transactional work, you need to really have a sense of how much something is "worth" in order to draft a contract that properly accounts for financial and legal risk your client might face. Consider the questions, "How likely is X to happen?," and "How much can my client expect to lose if it does?" Similarly, if you are a professional arbitrator, you need to know the stakes to properly evaluate the deals you may make on behalf of your client. Check back at the blog Wednesday and Friday for scenarios where money and the law intersect. In the mean time, consider reviewing a few of our many books in the library that explore financial value: Construction Damages and Remedies Expert Witnesses, Va

CBus!

It seems folks who come to Columbus for law school (and for undergrad for that matter) love it so much it's hard to leave. If you have CBus pride in a big way, consider being counsel to the city itself . While the search phrase " municipal law " may give you some results in the law library catalog, your best bet to prep for work representing a city is to research labor law, torts, employment law, and land use. For example, sidewalks aren't just for tripping on , they may also be the subject of a takings claim. And construction projects aren't always halted due to unforeseen land issues . Most of our labor/union law materials can be found on the top (i.e., 3rd) floor of the library and in the reserve room between the call numbers KF 3350 and KF 3370. Most of our employment law materials can be found on the top (i.e., 3rd) floor of the library and in the reserve room between the call numbers KF 3300 and KF 3300. (For specifics about Ohio, check out the State/Nat

School Uniforms

School uniforms are a hot topic . While some kids would love the same old outfit to wear every day to school, other kids loathe any perceived attempts to tamp down their individual expression. If you have children or plan to represent families or school districts, it is important to know the parameters of permissible restrictions on school attire. Here are several books and quick videos exploring the topic: School Uniforms and School Violence (video) Teen Rights (and Responsibilities): A Legal Guide for Teens and the Adults in their Lives High School Graduate Denied Diploma for Wearing a Bolo Tie to the Ceremony (video) Law Proposed on Pants: Pull Up or Pay Up (video) School Policies Teachers and the Law School Uniforms

Legal Rebels - 2013 Edition

The ABA Journal has identified its 2013 Legal Rebels . If you're not so interested in the classic lawyer career path (e.g., small general practice, big firm), read up on the work of some innovative attorneys with fulfilling careers doing things their way .

Attorneys and Addiction

We've written in the past about getting help with law school stress. Sometimes, it helps to have the message come from someone in recovery and who happens to be a likeable comic. Marc Maron recently spoke to an addiction medicine specialist about his path to sobriety and just how hard it is. (Note: the interview transcript is not without swear words.) Long story short, if you're having trouble with the pressures of law school or law practice, get help. On the flip side, if you represent a client with addiction issues, take a minute to read Mr. Maron's interview for some insights on working with clients like him.

Google Glass + Surgery

Google Glass enables people to have online data in front of their eyes at any given second rather than requiring a phone or desktop to look things up. As described by Tech Radar, "Essentially, Google Glass is a camera, display, touchpad, battery and microphone built into spectacle frames so that you can perch a display in your field of vision, film, take pictures, search and translate on the go." Technophiles are thrilled and are seeing extraordinary uses for the new device. One such technophile is an Ohio State surgeon who is exploring how Google Glass can aid doctors in the midst of surgery . As aspiring lawyers, you might start considering the legal implications from live streaming and recording surgery specifically from the physician's point of view. For example, if you are counsel for a hospital, you should consider whether the standard waivers and consent forms need to be updated. If you're plaintiff's counsel in med mal cases, you may need to dig in to