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Showing posts from June, 2015

Judicious Close Reading

Last week brought us an example of close reading from the United States Supreme Court.  In King v. Burwell , the Affordable Care Act case, the justices explicated one key phrase:  "an Exchange established by the State." Close reading matters at all levels of court, however, as demonstrated a recent Ohio Court of Appeals opinion. The Dispatch reports on this municipal ordinance case.  The ordinance at issue forbids daylong parking for“any motor vehicle camper, trailer, farm implement and/or non-motorized vehicle." Andrea Cammelleri was cited for parking her pickup truck.  While the truck may be a "motor vehicle," it is not a "motor vehicle camper."  The Court refused to read in a comma between "motor vehicle" and "camper," as the trial court had.  In short:  "By utilizing rules of grammar and employing the common meaning of terms, 'motor vehicle camper' has a clear definition that does not produce an absurd result.&

A Victory for Thorough Research

An NPR librarian, Barbara Van Woerkom, did a little digging and located 1,200 more veterans exposed to mustard gas than the Veterans Administration located . . . and it took her a mere two months! Two months may seem like an eternity to research something, but don't forget most attorneys get paid by the hour and attorneys spend quite a lot of their time engaged in research and writing. In other words, if it seems like it's taking you "forever" to research something, don't worry---that's in part how you earn your keep. Considering that in 2013 the median hourly billing rate in Ohio was $207 , if we estimate Ms. Van Woerkom spent 30 hours per week for 8 weeks (this became her primary research project), she spent approximately 240 hours, which would total $49,680 in billing. Ms. Van Woerkom's work highlights several foundational research principles any attorney should learn: Where possible, use free resources . "Van Woerkom says she had success ri

More on Software and Your Confidentiality Obligations

Anyone love Siri ? How about Alexa ("the brain behind [Amazon's] Echo")? These digital personal assistants make your life easier, but have you considered whether their use affects client confidentiality? Check out one blogger's analysis here: W hat All Law Firms Need to Know About Siri . The gist? [A] Reddit user discussed having access to voice recordings from random Apple and Samsung customers that were generated through text-to-speech technologies, such as Siri, while working for a data mining company. The user, FallenMyst, shared this experience to serve as a warning to mobile users that their data may not be as private or personal as they might assume. It's easy to say "Oh Grandpa, it's not big deal---it's just an app. Get over it." And I'm not writing that these apps (or Gmail if you read the last blog post here ) are inherently not to be used lest you violate any professional ethics violations. But if you do love new technolog

How to UNSEND! Emails Sent via Gmail

Based on my e-mail correspondence with law students, I'd say 70 percent of you use Gmail for law-related e-mails. Setting aside the question of whether using an e-mail service with a company that trolls e-mails for keywords in order to target you for advertising could violate client confidentiality, you might consider whether a now non-beta feature is exactly the tool you've been waiting for. Per Gizmodo , Gmail has officially added a way for you to unsend emails that were perhaps poorly worded, had confidential information attached, or otherwise need to be deleted promptly (as though you can really delete electronic files . . . ha!). So how do you enable Gmail’s undo feature? Go to the little cog icon in the upper righthand corner and select “Settings.” About a third of the way down the page you’ll see the “Undo Send” section. You can choose between 5, 10, 20 and 30 second windows of unsendability. Make sure you hit “Save Changes” at the bottom and you’re all set. For

Yes, Wikipedia is Still Being Printed

"For the past three years, [Michael Mandiberg] has been fully engaged in a project that might make even the most intrepid digital adventurer blush: transforming the English-language Wikipedia into an old-fashioned print reference set running to 7,600 volumes." Moving Wikipedia From Computer to Many, Many Bookshelves

Columbus Bar Association - Marijuana Law Update

For those looking for concrete input from local counsel on how to practice in areas that may be impacted by marijuana use, check out the Columbus Bar Association's upcoming CLE, MARIJUANA! Current Trends in Drug Awareness . CBA membership is free to law students, so take advantage now of all the networking opportunities the organization provides.

More Marijuana Law Updates

Lawyers have an ethical obligation to stay current on changes in the law. With marijuana law in its nascency, it's not just those attorneys representing pot users and not just attorneys in the West who have to keep up to date. Rulings in state courts will inevitably be persuasive law as other states adopt marijuana legislation (whether pro or con) but have no prior binding precedent to look to. And marijuana law isn't just a matter of criminal law---it now affects family law and employment law to name a couple of areas. With that in mind, here are two interesting news stories from the past week: Colorado Supreme Court: Employers Can Fire for Off-duty Pot Use This case turned on a matter of statutory interpretation: does the phrase "lawful activities" mean legal per state and federal law or just state law? New Bar Association Focuses on Marijuana   And for those with questions about the state of marijuana legislation in Ohio, check out these sites: Responsi

Bar Prep Break: Summer Reading

Many of you are busy poring over bar prep materials -- outlines, essays, and practice questions.  Breaks can be important, too.  As the New York Time s has reported, relaxation can increase productivity. For some of you, running at a metro park is an ideal way to spend time away from the bar, but if you're like me, you'll probably use that time going over outlines or problems in your head. How about a reading break?  Being absorbed in a bestseller takes your mind off of the elements of contract formation or lien priorities.  The Columbus Metropolitan Library's summer reading program includes prizes for adults, among them a $25 Target gift card.  If you don't want to stray too far from the law, try out the ABA's new editions of Perry Mason.  What better way for Columbus to maintain its status as the most intelligent community of the year ?

Career Perspective from Terry Gross

Many law librarians are looking forward to hearing NPR's Terry Gross as our keynote speaker at the upcoming American Association of Law Libraries conference in Philadelphia this summer. Ms. Gross is exceptional at interviewing people; she has a real gift for eliciting meaningful responses from those she interviews, and I've always admired her. Recently Ms. Gross was interviewed by Marc Maron on his podcast WTF, and she shared personal stories that have elevated my admiration of her even more. Specifically, Ms. Gross described moments from her early life that shaped her as a person, helped her learn about herself, and developed her professional identity. Give the podcast a listen for the specific stories' details, but here are the life lessons you might consider as you look for work this summer or after you graduate from law school. (Warning: the podcast has a handful of profane/swear words.) (1) Terry Gross was fired from a teaching job, but she was thrilled because s